LB 


UC-NRLF 


SB    ED    751 


6-P 


GIFT  OF 


GIF! 


PUBLIC  SCHOOL  LAWS 


OF 


TENNESSEE 


TOGETHER  WITH  LEADING  DECISIONS  OF 
THE  SUPREME  COURT,  EXPLANATORY 
NOTES,  AND  AMENDMENTS  MADE  BY 
GENERAL  ASSEMBLIES  TO  JUNE  30,  1911 


THIS  HOOK  IS  THE  PROPERTY  OF  THE  STATE.    IT  IS  MADE  BY  LAW 

THE  OFFICIAL  DUTY  OF  ANY  OFFICER  OR  TEACHER  WHO  MAY 

KKCEIVE  IT  TO  PRESERVE  IT  AS  PUBLIC  PROPERTY,  AND 

TURN  IT  OVER  TO  HIS  SUCCESSOR  IN  OFFICE. 


J.  W.  BRISTER 


STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

NASHVILLE,  TENNESSEE 

1911 


PUBLIC 
SCHOOL  LAWS 


OF 


TENNESSEE 


TOGETHER  WITH  LEADING  DECISIONS  OF  THE  SUPREME 

COURT,  EXPLANATORY  NOTES  AND  AMENDMENTS 

MADE  BY  GENERAL  ASSEMBLIES. 


TO  JUNE  THIRTIETH 
1911 


J.  W.  BRISTER, 

State  Superintendent  of  Public  Instruction. 

M.  W.  ROBINSON, 

Chief  Clerk.. 


NASHVILLE,  TENNESSEE 
1911 


I—  l->  £.3 


DEPARTMENT  OF  PUBLIC  INSTRUCTION, 
STATE  OF  TENNESSEE, 

NASHVILLE,  SEPT.  1,  1911. 

This  compilation  of  the  public  school  laws  of  Tennessee 
is  prepared  by  the  State  Superintendent  of  Public  In- 
struction, as  directed  by  Sub-section  5,  Section  7  of  the 
Act  of  1873,  providing  for  our  present  system  of  public 
schools.  It  contains  all  the  general  legislation  upon  that 
subject  and  such  special  legislation  as  may  be  of  general 

interest. 

J.  W.  BRISTER, 

State  Superintendent. 


The  Public  School  Laws  of  Tennessee, 


TOGETHER   WITH 


Leading  Decisions  of  the  Supreme  Court,  and 
Explanatory  Notes. 


[ALL  PARTS  OF  LAWS  PRINTED  IN  ITALICS  HAVE  BEEN 
ADDED  BY  AMENDMENT.] 


SECTION  1.     There  shall  be  established  and  maintained,  i?73-    (;bap- 

_•>.     bystein 

in  this  State,  a  uniform  system  of  public  schools. 

SEC.  2.      (1)  The  public  school  system  shall  be  adminis- 1873     CbaP- 
tered  by  the  following  authorities,  to  wit :  A  State  Superin- "" 
tendent,  County  Superintendents,  and  District  Directors. 

"In  each  county  of  the  State  of  Tennessee  the  office  o/^s 
District  Directors  shall  be  abolished,  and  the  schools  s/ia//Boar(J  of 
be  under  the  management  and  control  of  a  County  Board 
of  Education  and  a  District  Board  of  Advisors." 

(2)  The  public  schools  already  established  in  any  of  the  1873.    chap. 

,  25.     Sec.  52. 

counties  of  this  State  shall  continue  to  be  managed  andgchooii  estab- 
conducted  as  now  prescribed  by  law  until  the  school  officers llshed  prf;_, 

L  VlOUS  tO  Io7o. 

hereby  created  shall  have  been  duly  elected  or  appointed 
and  qualified;  and  the  provisions  of  this  act  chall  not  ap- 
ply to  them  until  a  County  Superintendent  of  Public 
Schools  shall  have  been  appointed. 


STATE   SUPERINTENDENT. 


1873. 


SEC.  3.     The  State  Superintendent  shall  be  a  person  of  Qualifications 
literary  and  scientific  attainments,  and  of  skill  and  expe-   e 


rience  in  the  art  of  teaching,  and  who  shall  be  nominated  Sec  Acts 
by  the  Governor  and  confirmed  by  the  Senate.  129. 

247913 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 
SEC'  4'       C1)   He  sha11  h°ld  ^13  office  for  two  years,  mi- 

office  and        less  removed  as  hereinafter  provided,  and  shall  have  an 

°n<  annual  salary  of  $3,000,  to  be  paid  out  of  the  school 

money  in  the  State  Treasury  ;  and  during  the  term  of  of- 

fice he  shall  devote  his  entire  time  and  attention  to  the  du- 

ties imposed  by  this  act. 

2591'  Member  ^  The  State  SuPerintendent  of  Public  Instruction  of 
of  state  Tennessee  shall  be,  ex  officio,  a  member  of  the  State 
Board.  Board  of  Education. 

EX  officio.  (3)  ne  snan  also  be  a  member,  ex  officio,  of  all  other 

State  educational  bodies  or  associations. 
1899.    chap.        (4)  ffe  shall  be  Secretary  and  Treasurer  of  the  State 

Board  of  Education. 

(By  Chap.  343,  page  788,  Acts  1889,  the  State  Superintendent  is  made 
Secretary  and  Treasurer  of  the  State  Board  of  Education,  and  Treasurer 
of  the  Peabody  Normal  College  fund.) 


rem°Val  fr°m  °ffice  bJ  the 

moved.  Governor  for  misconduct  or  neglect  of  duty  ;  any  vacancy 

to  be  supplied  by  a  new  appointment  for  the  unexpired 
term;  Provided,  That,  in  the  event  of  any  such  removal, 
the  reasons  for  the  same  shall  be  communicated,  in  writ- 
ing, to  the  Superintendent  thus  displaced,  and  also  to  the 
Senate,  if  in  session,  and,  if  not,  within  ten  days  after  it 
may  next  meet. 

ma.    chap.       SEC.  6.     The  office  of  the  State  Superintendent  shall  be 
capitoi.  at  the  capital  of  the  State,  and  a  room  in  the  State  Capi- 

tol may  be  provided  for  that  purpose. 

DUTIES  OF  STATE  SUPERINTENDENT. 

1873.    chap.       gEC.  7.     The  duties  of  the  Superintendent  shall  be  as 

follows  : 
statistics,  (1)  To  collect  and  disseminate  statistical  and  other  in- 

formation relating  to  the  public  schools. 
inspection.  (g)  TO  make   tours   of   inspection    among   the    public 

schools  throughout  the  State. 
1905.    chap.        ^g^  rpQ  SUSp€nc[  the  schools  of  any  county  for  one  day 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


in  each  year,  when  he  may  deem  it  necessary,  upon  giving  jjj05'    Chap> 
proper  notice,  and  to  require  all  teachers  and  school  offi-  TO  suspend 
cers  upon  the  day  so  appointed  to  attend  at  a  designated  gtructum  and 
hour  and  place  for  the  purpose  of  instruction  and  confer-  conference. 
ence,  and  all  teachers  attending  such  meeting  or  confer- 
ence under  the  regulations  of  the  State  Superintendent 
shall  receive  a  certificate  of  attendance,  which  shall  entitle 
them  to  receive  pay  for  the  said  day  under  their  respective 
contracts  to  the  same  amount  as  if  their  respective  schools 
had  continued  in  session  for  said  day. 

(4)  To  see  that  the  school  laws  and  regulations  are  See  tnat  laws 

.      '  are  executed. 

faithfully  executed. 

(5)  To  prepare  and  distribute  blank  forms  for  all  re- 
turns  required  by  law,  or  deemed  by  him  necessary  to  be 
made  by  teachers,   school  officers,   and   County   Superin- 
tendents of  Public  Schools,  for  use  of  the  several  counties. 

(6)  To  have   printed   and  distributed  to  the   Counvy  Dlstribute 

'  .  .  *  school  laws. 

Superintendents  and  other  school  officers  as  many  copies 
of  the  school  laws  as  may  be  necessary,  with  appropriate 
forms  and  instructions  for  carrying  said  laws  into  execu- 
tion. 

(7)  To    appoint,    at    his    discretion,    persons    in    each  Appoint  ex- 

amlners. 

county  to  visit  and   examine  all   or   any  of  the  public 
schools  therein,  and  report  to  him  touching  all  such  mat-      s 
ters  as  he  may  indicate  respecting  their  condition  and 
management,  and  the  means  of  improving  them;  but  no 
compensation  shall  be  made  for  such  services. 

(8)  To    require    of    County    Superintendents    detailed  Require  re- 
reports  annually,  and  as  much  oftener  as  he  may  deem 
proper;  and  he  may  require  special  reports  at  any  time 

of  any  officer  connected  with  the  school  system. 

(9)  To  appoint  some  one  to  make  the  reports  required  Appoint  per- 

sons   to  make 

to  be  made   by   the   County    Superintendent  when  such  reports. 
Superintendent  shall  fail  to  make  full  report  at  the  time 
designated,   and   to  allow  such   appointee  what  he  may 
deem  just  for  his  services,  which  shall  be  paid  by  the  de- 


PUBLIC    SCHOOL,    LAWS    OF    TENNESSEE. 


License  of 
teachers. 

Preserve 
documents. 


Report  scho- 
lastic popu- 
lation. 


Biennial   re- 
port. 


linquent  County  Superintendent ;  and  upon  his  refusal  to 
do  so,  the  State  Superintendent  shall  stop,  in  the  hands  of 
the  County  Trustee,  that  amount  of  his  salary,  or  bring 
suit,  in  his  official  name,  against  him  in  a  court  of  compe- 
tent jurisdiction,  to  enforce  the  payment. 

(10)  To  prescribe  the  mode  of  examining  and  licensing 
school  teachers,  and  their  necessary  qualifications. 

(11)  To  preserve  in  his  office  and  conveniently  arrange 
all  documents  and  matters  in  relation  to  educational  sub- 
jects that  may  come  into  it. 

(12)  To  report  to  the  Comptroller  of  the  State,  on  the 
first  day  of  December  in  each  year,  the  scholastic  popula- 
tion of  each  county. 

(13)  To  biennially  submit  to  the  Governor,  on  or  before 
the  fifteenth  day  of  September,  a  detailed  report  of  his 
official  proceedings  for  the  year  ending  the  thirtieth  day 
of  June  preceding,  exhibiting  a  plain  statistical  account 
of  receipts  and  expenditures  for  public  schools,  and  of 
their  condition  and  progress,  showing  the  number  of  chil- 
dren, male  and  female,  white  and  colored,  respectively,  in 
the  State  and  in  each  county,  between  the  ages  of  six  and 
twenty-one  years,  the  total  number  of  pupils  enrolled,  the 
average  number  belonging,  and  the  per  cent,  of  attendance 
during  the  year,  the  average  paid  to  teachers,  male  and  fe- 
male, the  amount  of  each  branch  of  school  expenditures, 
severally,  the  cost  of  education  per  scholar,  and  whatever 
else  may  tend  to  show  the  degree  of  success  and  usefulness 
of  the  system. 

NOTE. — By  Acts  1873,  scholastic  year  ended  August  31,  it  was  amended 
by  Acts  1881,  Chapter  113,  Section  1,  to  end  June  30. 

Acts  1907,  Chapter  153,  Section  17,  amends  Section  13,  of  Acts  1873 
by  requiring  "the  report  of  the  State  Superintendent  of  Public  Instruc- 
tion to  be  made  biennially  instead  of  annually  ;  Provided,  that  he  shall 
have  printed  annually  the  statistical  tables  of  the  report  and  leave  in 
the  hands  of  printers  or  otherwise  a  sufficient  number  of  same  to  bind 
with  his  biennial  report." 


1891.    chap.        (14)   It  shall  be  the  duty  of  the  State  Superintendent 
132,  sec.  3.     to  have  printed  and  distributed  to  the  school  officers  of 


See  Acts 
1879.     Chap. 
6. 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


the  State,  and  to  the  County  Courts  of  the  several  coun- 
ties, appropriate  forms  and  instructions  for  carrying  into 
effect  the  provisions  of  this  act. 


STATE  BOARD  OF  EDUCATION. 

The    Governor    of    the    State    shall    appoint    a    State  state  Board 

of   Education. 

Board  of  Education,  to  consist  of  six  memhers,  two  of  Acts  1875. 
whom  shall  be  appointed  for  six  years,  two  for  four  years,  J^*P'13M' 
and  two  for  two  years;  and,  after  the  expiration  of  their 
first  terms  of  office,  their  successors  shall  be  appointed  for 
six  years.     The  Governor  of  the  State  shall  be  ex  officio  a  Jf^p  35 
member  and  President  of  said  Board.     The  State  Super- 
intendent  shall  be   ex  officio   a  member,  Secretary   and 
Treasurer  of  the  Board. 


DUTIES  OF  STATE  BOARD  OF  EDUCATION. 

[The  General  Education  Bill  has  amended  many  of  the 
duties  of  the  State  Board  of  Education.     See  page  76.] 

(a)  It  shall  be  the  duty  of  said  Board  of  Education  1375.    chap. 
to    report,  through    the    Superintendent,  to    the    regular  R®'  o^tcc*  14* 
meeting  of  the  General  Assembly,  the  operations  of  the 
Board,  the  condition  and  progress  of  the  normal  schools, 
with  such  suggestions  as  they  may  deem  advisable  for  the 
improvement  of  normal  and  public  schools. 

(6)   The   State   Board   of  Education   shall,   at  proper  isss.    chap. 
times,  inspect  the  management  of  the  State  Normal  Col- 


lege,  and  audit  the  accounts  for  the  disbursement  of  the  Board  of  Edu- 
funds,  and  make  a  biennial  statement,  through  the  Gov- 
ernor, to  the  Legislature,  showing  its  condition  and  prog- 
ress, and  otherwise  guard  the  State's  interest  in  the  same, 

SEC.  55.  (1)  The  establishment  of  a  normal  school  or  1875.  chap. 
schools  is  hereby  authorized  to  be  effected  by  the  Board  of 
Education  hereinafter  provided  for.  The  said  normal 
school  or  schools  shall  be  made  in  every  respect  first-class 
institutions  for  the  professional  education  of  teachers,  and 
the  most  approved  method  of  instruction  shall  be  adopted, 


PUBLIC    SCHOOL,    LAWS    OF    TENNESSEE. 


Location  of 
schools. 


Donations. 


Trustees 
colleges. 


Admission 
pupils. 


Eligibility. 


and  none  but  teachers  experienced  and  skilled  shall  be 
employed  to  take  charge  of  them. 

EdU"  (2)  Said  Board  of  Education  shall,  at  as  early  date  as 
may  in  their  judgment  be  practicable,  locate  and  make 
arrangements  for  opening  such  normal  school  or  schools, 
furnishing  them,  adopting  a  course  of  study,  employing 
teachers  and  other  officers. 

(3)  In  the  location  of  said  normal  school  or  schools,  the 
State  Board  of  Education  shall  give  preference  to  such 
locality,  accessible  to  all  parts  of  the  State,  as  shall  offer 
gratuitously  the  most  suitable  grounds  and  buildings  for 
the  establishment  of  the  same. 

(4)  Said  Board  of  Education  may  receive  contribu- 
tions of  money  from  the  Trustees  of  the  Peabody  'Educa- 
tional Fund,  or  donations  of  property  or  funds  from  any 
other  source,  for  the  benefit  of  this  enterprise,  which  they 
shall  in  good  faith  dispose  of  and  disburse  in  accordance 
with  the  conditions  of  the  donations. 

(5)  The  trustees  of  colleges,  universities,  or  educational 
institutions  shall  have  the  power  to  give  the  use  of  their 
property  to  the  State  Board  of  Education  for  the  benefit 
of  normal  schools. 

(6)  No  pupil  shall  be  admitted  into  said  schools  who  is 
under  sixteen  or  over  thirty  years  of  age,  and  who  shall 
not  have  undergone,  satisfactorily,  such  examination  as 
may   be   prescribed   by   the    State   Board   of   Education. 
Those  already  engaged  in  teaching  may  enter  said  normal 
school  or  schools  as  pupils  upon  conditions  fixed  by  the 
State  Board  of  Education. 

(7)  Pupils  of  public  schools  may  be  recommended  for 
admission  into  said  normal  school  or  schools  by  the  County 
Superintendent,  on  consultation  with  the  Directors  of  the 
School  Districts  of  his  county,  and  in  cities  by  the  Super- 
intendent of  Public  Schools;  and  such  pupils  so  recom- 
mended, and  who  pass  a  satisfactory  examination,   shall 
have  precedence  over  all  other  applicants. 


PUBLIC    SCHOOL    L^WS    OF    TENNESSEE. 


I 


(8)  Diplomas  shall  be  granted  to  those  who  honorably  Dlplomas- 
complete  the  course  of  study  prescribed  in  said  schools; 

and  possession  of  such  diploma  shall  exempt  the  holder 
thereof  from  the  examination  prescribed  as  a  condition 
precedent  to  employment  in  the  public  schools  of  the 
State,  any  such  graduate  being  eligible  as  a  teacher  in  any 
county  of  the  State. 

(9)  The  same  registers,  records,  and  reports  which  are  Registers  and 
prescribed  in  the  State  school  law  for  the  public  schools, 

or  which  may  l>e  ordered  by  the  State  Superintendent  of 
Public  Instruction,  shall  be  kept  by  the  officers  and  teach- 
ers of  said  normal  schools,  and  regular  reports  shall  be 
made  directly  to  the  State  Superintendent,  at  the  times 
and  in  the  manner  required  by  law  for  other  public 
schools,  or  at  such  other  time  as  he  may  require. 

(10)  The  State  Board  of  Education  shall  keep  such  white  and 

T  i  T   i      -i    /•  i  •  11  colored  pupils 

normal  schools  as  may  be  established  for  white  and  colored  distinct, 
pupils  entirely  distinct  and  separate;  Provided,  That  the 
provisions  therein  for  training  and  improvement  shall  be 
impartially  proportioned  to  the  demands  of  each. 

(11)  The  salaries   of  principals,   teachers,   and   other  Salarles- 
officers  of  said  normal  schools,  and  all  other  expenditures, 

shall  be  determined  by  the  State  Board  of  Education,  and 
the  disbursements  shall  be  made  by  the  Treasurer  of  the 
Board,  upon  its  order. 

(12)  To  prescribe  rules  and  regulations  for  the  exami-Examlne  aP- 

-  ,.  -         ~  .  plicants  tor 

nation  of  applicants  for  County  Superintendents,  to  be  county  Su- 
held  on  the  first  Monday  in  October  preceding  each  bi-^ntend' 
ennial  election,  and  at  any  other  date  or  dates  fixed  by  the 
Board.     (Acts  1895,  Chapter  54.) 

UTTIKS    OF   SKCKKTAKY    OF  STATE    BOARD  OF   EDUCATION. 

(a)    The   State   Superintendent   of  Public   Instruction  secretary  and 
shall  be  Secretary  an<l  Treasurer  of  the  State  Board  0^Treasurer- 
Education,   nnd  as  such    slid  1 1   Ii<ir<>    charge   and  grnrrul 
supervision  <>f  the  disbursement  of  all  moneys  hereafter 


10 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


Chap  134s'  appropriated  for  the  Peabody  Normal  College,  and  for  all 
normal  colleges  and  institute  funds.  He  shall  keep  in  his 
offi.ce  at  the  State  Capitol  a  record  of  all  money  appropri- 
ated for  said  normal  school  or  schools,  and  its  distribution, 
and  before  any  such  money  so  appropriated  shall  be  drawn 
from  the  Treasury,  he  shall  pass  upon  and  certify  to  the 
correctness  of  all  vouchers,  to  be  filed  with  the  Comptroller 
prior  to  the  issuance  of  his  warrant. 

(b)  The  State  Superintendent  of  Public  Instruction, 
as  the  Secretary  and  Treasurer  of  the  State  Board  of 
Education,  shall  give  bond  in  the  sum  of  ten  thousand 
dollars,  payable  to  the  State  of  Tennessee,  for  the  faith- 
ful performance  of  his  duty  as  such  Treasurer,  which  bond 
shall  be  approved  by  the  Governor  and  Attorney  General. 

NOTE. — Amended  by  General  Education  Bill,   Sec.  7.     Acts  1909.    Chap. 
264. 

COUNTY  SUPERINTENDENTS. 

1873.    Chap.       SEC.    8.     1.  There  shall  be  a  County  Superintendent 

elected.  for  each  county,  who  shall  be  elected  by  the  County  Court 

at  its  April  or  July  term,  1873,  and  after  1874  he  shall 

be  elected  biennially  in  January,  and  no  member  of  the 

donsifiCa"        Cou>nt.y  Court  shall  be  eligible  to  said  office.     He  shall  be 

a  person  of  literary  and  scientific  attainments,  and,  when 

practicable,  of  skill  and  experience  in  the  art  of  teaching; 

shall  hold  his  office  for  two  years,  and  shall  receive  such 

pay  for  his  services  as  may  be  allowed  him  by  the  County 

Court,   to  be   paid   upon   the  order  of  the   Chairman  or 

Judge  of  the  County  Court  by  the  County  Trustee.     He 

Removal.         shall  be  subject  to  removal  from  office  for  misbehavior  or 

inefficiency  at  any  time  by  the  County  Court  *  Provided, 

That  the  cause  for  such  removal  shall  be  communicated  to 

him  in  writing. 

Examination,  Said  County  Superintendent  shall  be  a  person  of  literary 
and  election  and  scientific  attainments  and  of  skill  in  the  theory  and 
of  county  practice  of  teaching;  Provided,  that  preceding  each  bien- 
ents.  nial  election  or  any  election  to  fill  a  vacancy  for  County 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

Superintendent  of  Schools  each  applicant  shall  file  with  the 

Chairman  of  the  County  Court  a  certificate  of  qualification 

given  hy  the  State  Board  of  Education  ;  Provided,  that  on 

the  first  Monday  in  October  preceding  each  biennial  elec- 

tion  for  County   Superintendent  of  Schools  and  at  any 

other  date  or  dates  fixed  by  the  State  Board  of  Education's-    Chap. 

each  applicant  for  said  office  shall  undergo  a  public  ex- 

amination at  the  county  site  of  the  county  in  which  he 

or    she    is    an    applicant,    to    be    conducted    by    a    com- 

mission     of     three      residents      of     the     county,      said 

commission    to    be    previously    appointed    by    the    Chair- 

man  of   the  County  Court,   and  to  be  citizens  who,  by 

education  and  experience,  are  most  eminently  qualified  to 

conduct  said  examination,  the  same  to  be  held  by  the  State 

Board  of  Education  under  such  rules  and  regulations  as  said 

Board  may  prescribe;  Provided,  that  said  applicant  shall 

furnish  evidence  satisfactory  to  the  said  State  Board  of 

Education  as  to  his  or  her  moral  character,  said  evidence 

to  be  furnished  in  such  manner  and  form  as  shall  be  pre- 

scribed by  the  said  State  Board  of  Education  ;  Provided,  Evidence  as 

further,  that  if  qualified  as  attested  by  said  examination  character   to 


and  as  to  moral  character,  said  applicant  shall  receive  a  be 

to      State 

certificate  of  qualification  by  the  State  Board  of  Education  ;  Board  of 
Provided,  further,  that   those  who  have   been  previously  p^aed^ 
examined    or     mai/     hereafter   be   examined    under   thecb&v-  50S- 
regulations  of  the  Slate  Board  of  Education,  and  having 
attained  90  per  rent,  in  general  average,  and  not  falling  Acts  1899. 
below  70  per  rent,   in  any  study,  shall  be  exempt  from  Chap'  231' 
said  examination  so  l'>n<j  as  they  continue  in  the  public 
school  u-orlc  :  Provided,  further,  that  those  who  have  been 
previously  /   n-ilhin   the  past  two  years,  or  may 

hcrcaff  -i  mined  under  fin-  regulations  of  the  State 

Board  of  Education,  and  having  allnhird  SO  per  cent  tnActs  1911- 
t/rti'  rat  arrraye,  and  not  faUin'i  below  70  per  cent  in  any 
study.  shall  lie  c.rcmpt  from  said  examination  for  (i  period 
of  si.  >•  years. 


12 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


1889. 
eiigibie. 


in  I^Q  eiection  Of  County  Superintendent  of  Edu- 
cation,  women  of  the  age  of  twenty-one  years,  and  other- 
wise possessing  the  necessary  qualifications,  shall  be  eli- 
gible for  said  position. 


1873.      Chap. 
25. 

Supervision. 


To  visit  the 
schools. 


Directors' 
reports. 


To  examine 
and  issue  cer- 
tificates. 


To  report  to 
Trustee. 


Acts  1907. 
Ch.  236. 
To  observe 
directions    of 
State    Super- 
tendent. 
When   to  re- 
port. 


DUTIES    OF    COUNTY    SUPERINTENDENTS. 

SEC.  9.     That  the  duties  of  the  County  Superintendent 
shall  be  as  follows: 

(1)  To  have  supervision  of  the  public  schools  in  the 
county.. 

(2)  To  visit  the  schools  of  the  several  districts  from 
time  to  time,  and  confer  with  the  teachers  and  District 
Directors  as  to  the  improvement  of  schools  or  the  promo- 
tion of  their  interests  in  any  way. 

(3)  To  see  that  the  District  Directors  make  their  ve- 
ports  on  all  matters  required  of  them ;  and  when  they  fail 
to  make  full  reports,  or  to  make  them  in  time,  the  County 
Superintendent  may  appoint  some  other  person  to  perform 
these  duties. 

(4)  To  perform  such  duties  in  relation  to  the  exami- 
nation   of  teachers,   and   issuing  to   them   certificates   of 
qualification,  as  may  be  required  of  him  by  the  State  Su- 
perintendent. 

(5)  To  report  to  the  County  Trustee,  as  soon  as  ascer- 
tained, the  scholastic  population  of  each  school  district  on 
the  last  day  of  June. 

(6)  To  act  as  Secretary  of  County  Board  of  Education. 

(7)  To  observe  such  directions  and  regulations  as  the 
State  Superintendent  of  Schools  may  from  time  to  time 
prescribe ;  to  make  special  reports  to  that  officer  whenever 
required;  and,  on  or  before  the  first  day  of  August,  an- 
nually, to  make  to  him  a  report  for  the  year  ending  the 
thirtieth  day  of  June  preceding,  in  such  form  and  con- 
taining all  such  particulars   as  shall   be   prescribed  and 
called  for,  a  copy  of  said  report  to  be  furnished  to  the 
County  Court  of  his  county  at  its  quarterly  session  on  the 
first  Monday  in  January. 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


13 


(8)  To  keep  a  record  of  all  his  official  acts  in  a  book  *°cokrdepof  offl. 
to  be  provided  for  that  purpose,  and  to  keep  a  record  of  ciai  acts. 
the  numbers  and  boundaries  of  the  school  districts  of  his 

county,  and  the  changes  that  may  be  made  therein  from 
time  to  time. 

(9)  In  all  cases  where  the  District  Directors  of  the™**-    ChaP- 
public  schools  issue  warrants  upon  the   County  Trustee  warrants  to 

7,  -L      i    x         *  be  counter- 

for  school  apparatus,  maps,  charts,  globes,  school  furm-slsued  by  Su. 
ture,  and  all  other  expenditures  of  the  public  school 
funds,  except  for  teachers'  salaries,  the  warrants  drawn 
by  said  Directors  shall  be  countersigned  by  the  County 
Superintendent  before  the  same  shall  be  paid  by  the 
County  Trustee,  and  all  warrants  issued  by  said  Directors 
for  any  claim  shall  be  written  and  signed  in  ink. 

(9a)   It  shall  be  unlawful  for  the  County  Trustee  to  Jf5 
pay  out  school  funds  upon  warrants  issued  by  District  for  maps, 
School  Directors  for  maps,  charts,  libraries,   and  other 


school  furniture  or  apparatus,  unless  such  warrants  are  furniture  or 
approved  by  the  County  Judge  or  Chairman  of  the  fount  v  be  approved 
Court  and  the  County  Court  Clerk  of  the  county  wherein  X 


the   articles   are   Sold.  Chairman  and 

...  .  .  County   Court 

The  provisions  of  this  act  shall  not  apply  to,  nor  in  any  Cierk. 
way  affect  the  payment  of,  warrants  for  the  purchase  of 
chalk,  fuel,  brooms,  and  other  incidentals. 

Any  Trustee  violating  the  provisions  of  this  act  shall  vlolatlon* 
be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  Misdemeanor. 
fined  and  imprisoned  at  the  discretion  of  the  court,  and, 
moreover,  shall  be  liable  to  the  district  out  of  whose  funds 
the  money  is  paid  for  the  amount  so  paid,  which  may  be 
sued  for  in  any  court  having  jurisdiction  by  any  citizen 
of  the  district  affected. 

The  grand  juries  are  hereby  given  inquisitorial  powers 
of  violations  of  the  provisions  of  this  act,  and  it  shall  be 
the  duty  of  the  Circuit  and  Criminal  Judges  of  the  State 
to  give  the  matter  specially  in  charge  to  the  grand  jury. 


14:  PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

1899.    Chap.        (jo)   It  ghall  ^  the  duty  of  tlie  Qounty  Superintendent 

Superintend-    to  keep  a  well-bound    book,    in    which    he    shall  enter  a 

record  book,    memorandum  of  all  warrants  countersigned   as  provided 

in  the  last  sub-section,  showing  the  amount  and  date  of 

each  warrant,   to  whom   issued,   for   what   purpose,   and 

from   which   district;    and   said   County    Superintendent 

shall  include  in  his  annual  report  to  the  County  Court  a 

full,    clear,    and   succinct   statement    of   all   warrants   so 

countersigned  by  him. 

1895.  Chap.  gEC>  10>  (^  County  Superintendents  of  Public  In- 
County  su-  struction  are  prohibited  from  teaching  any  public  school, 
as  principal  or  assistant,  during  their  official  terms, 


nor  to  con-     "and  from  taking"  any  contract  for  building  or  repairing 

tract  as  to 

school  prop-  public  school  property,  and  from  becoming  the  owner  of 
b?y  'school  t0  scno°l  warrant  other  than  allowed  him  for  his  services  as 
warrant  in  County  Superintendent;  Provided,  That  this  act  shall 

counties   of  ...  . 

over  30,000.    only  apply  to  counties  of  30,000  inhabitants  and  over. 
Teaching.  (2)  It  shall  be  a  misdemeanor  in  office  for  any  County 

Misdemeanor  '  .  .  .       .      , 

in  office,  and  superintendent  to  teach  any  public  school,  as  principal  or 
assistant,  during  his  official  term.  In  addition  to  the 
punishment  prescribed  by  statute  for  misdemeanors  in 
office,  such  Superintendent  shall  be  fined  not  less  than 
twenty-five  dollars  nor  more  than  fifty  dollars  for  each  of- 
fense committed,  and  all  fines  arising  from  such  causes 
shall  be  paid  into  the  public  school  fund  of  the  county 
where  such  offense  is  committed.  (Id.,  Sec.  2.) 

Acts  1907.          SEC.  11.      (1)   That  whenever  a  vacancy  occurs  among 
vacancies  in  the   members    of   the   County   Board   of   Education,    the 
County  Superintendent  of  Public  Instruction  shall  fill  the 
same  by  appointment  upon  being  notified  of  such  vacancy. 
Acts  1907.          (2)   That  in  case  of  a  vacancy  in  any  District  Advisory 
vacancy  in     Board,  it  shall  be  the  duty  of  the  County  Superintendent  to 
fill  said  vacancy  by  appointment  upon  notification  of  same 
by  the  remaining  member  or  members  of  said  Advisory 
Board. 


n 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

It  shall  be  the  duty  of  the  County  Superintendent 
Public  Schools  of  each  county  to  set  apart  some  day  in 
November  in  each  year  as  "Arbor  Day"  in  all  the  public  j^7'  Chap- 
schools  of  the  county,  that  trees  may  be  planted  around 
the  buildings,  that  the  grounds  around  such  buildings  may 
be  improved  and  beautified ;  such  planting  to  be  attended 
with  appropriate  and  attractive  ceremonies,  that  the  day 
may  be  one  of  pleasure  as  well  as  of  instruction  for  the 
young;  all  to  be  under  the  supervision  and  direction  of  the 
teacher,  who  shall  see  that  the  trees  are  properly  selected 
and  set. 

(  (»r\TV    BOARD    OF   EDUCATION. 

SEC.  2.     That  the  County  Court  of  each  county  in  the  School  dis- 
State  shall,  at  its  session  to  be  held  the  first  Monday  in  created. 
July,  1907,  divide  the  county  into  five  school  districts, 
each  representing  as  nearly  as  practicable  equal  area  of 
territory  or  the  same  number  of  inhabitants;  Provided,^*  l^m 
that  each  of  these  school  districts  shall  be  composed  of 
whole  civil  districts;  and,  Provided,  further,  that  in  coun- 
ties having  fewer  that  five  civil  districts,  each  civil  dis- 

-liall  constitute  a  school  district,  and  a  member  of 
said  Board  of  Education  be  elected  from  each  of  said  dis- 

.  and  the  remaining  member  or  members  be  elected 
from  the  county  at  large. 

0.  3.     That  one  member  from  each  of  said  school  dis- Members  of 

County 

tricts  and  the  other  members  aforesaid  from  the  county  at  Board. 

shall  constitute  said  County  Board  of  Education ; 
Provided,  the  County  Superintendent  shall  be  Secretary 
of  the  County  Bn:n-.l  of  Kdwation. 

SEC.  4.     Thai  the  County  Court  in  the  several  counties  HOW  elected 
of  the  State,  at  its  July  term,  shall  elect  a  member  of  thean 
County  Board  of  Education  from  each  of  the  school  dis- 
tricts above  mentioned;  or  where  there  be  fewer  than  five 
districts,   the   necessary  number,   as  above   provided   for, 
from  the  county  at  large,  which  County  Board  of  Educa- 


16 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


tion  shall  qualify  and  organize  within  ten  days  after  their 
election  by  electing  one  of  their  number  Chairman ;  Pro- 
vided, further,  that  the  members  of  the  County  Board  of 
Education,  thus  elected,  shall  serve  until  September  1, 
1908,  and  that  on  the  first  Thursday  of  August,  1908,  and 
biennially  thereafter,  each  member  of  the  County  Board 
of  Education  shall  be  elected  by  the  qualified  voters  of 
the  district,  above  provided  for,  and  in  counties  with  fewer 
than  five  districts  the  necessary  number  from  the  county 
at  large ;  and  the  term  of  office  of  members,  thus  elected, 
shall  begin  on  the  first  day  of  September  next  after  said 
election,  and  their  tenure  of  office  shall  be  two  years,  or 
until  their  successors  in  office  are  duly  elected  and  quali- 
fied. 

Who  eligible.  SEC.  5.  That  any  person  shall  be  eligible  to  the  office 
of  member  of  the  County  Board  of  Education  who  is  quali- 
fied by  at  least  a  primary  education,  such  as  the  primary 
public-school  course,  to  perform  the  duties  required,  and 
who  is  a  resident  of  the  district  and  a  qualified  voter  there- 
in. If  he  shall  cease  to  be  a  resident  thereof,  his  office 
shall  be  deemed  vacant. 

vacancies.  gEC>  Qt  That  whenever  a  vacancy  occurs  among  the 

members  of  the  County  Board  of  Education,  the  County 
Superintendent  of  Public  Instruction  shall  fill  the  same 
by  appointment  upon  being  notified  of  such  vacancy. 


Duties  of 
Chairman. 

Acts   1907. 
Chap.  236. 


DUTIES  OF   THE   CHAIRMAN   OF  THE  COUNTY    BOARD  OF 
EDUCATION. 

SEC.  7.  That  the  duties  of  the  Chairman  of  the  County 
Board  of  Education  shall  be: 

1.  To  preside  over  the  meetings  of  the  County  Board 
of  Education,  and  to  perform  all  the  functions  of  a  pre- 
siding officer  in  a  deliberative  body ;  Provided,  that  in  the 
absence  of  the  Chairman  at  any  meeting,  the  members  of 
the  County  Board  of  Education  present  may  select  a  tem- 
porary Chairman,  who  shall  perform  the  duties  of  the 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

Chairman  for  that  meeting;  and,  Provided,  further,  that 
it  shall  require  the  presence  of  three  voting  members  to 
constitute  a  quorum  for  the  transaction  of  business. 

2.  To  call  special  meetings  of  the  County  Board  of  sPec!al 
Education  whenever  in  his  judgment  the  interest  of  the 
public  schools  requires  it,  and  to  appoint  all  committees 
authorized  by  said  County  Board  of  Education,  and  to 
sign  all  warrants  issued  by  said  County  Board  of  Educa- 
tion. 

DUTIES  OF  SECRETARY  OF  COUNTY  BOARD  OF  EDUCATION. 

SEC.  8.     That  it  shall  be  the  duty  of  the  Secretary  of  £utles  of 

*         Secretary 

the  County  Board  of  Education : 

1.  To   issue   all    warrants    authorized   by   the   County  ^cts  19<>7. 
Board  of  Education  upon  the  County  Trustee  for  the  ex- 
penditures of  the  public  school  fund,  and  to  sign  the  same, 
together  with  the  Chairman  of  the  Board. 

2.  To  make   a   written   report   to   the   County   EtottrtJJJJJJJJ1^ 
quarterly  of  all  expenditures  of  the  public  school  fund  port. 

by  items,  which  accounts  shall  be  audited  by  the  County 
Judge  and  Auditing  Committee  of  the  County  Court. 

3.  To  keep  in   well-bound  books,   to  be  furnished  byKeeP  record- 
the  county,  a  full  and  accurate  record  of  each  meeting  of 

the  County  Board  of  Education,  and  accounts  of  all  finan- 
cial transactions,  which  books  shall  be  kept  in  the  office  of 
the  County  Superintendent  of  Public  Instruction. 

SEC.  9.     That  the  County  Superintendent  as  ex  offic™ 
Secretary  of  the  County  Board  of  Education  be  required 
to  give  bond,  to  be  approved  by  the  Chairman  of  theRe 
County  Court,  to  the  amount  of  $500  for  the  faithful 
discharge  of  his  duties. 

DUTIES  OF  THE  COUNTY  BOARD  OF  EDUCATION. 

SEC.  10.     1.     That  it  shall  be  the  duty  of  the  County  i>»ties  of 
Board  of  Education  to  hold  a  regular  meeting  on  the  first  Boards. 
Saturday  in  July,  October,  January,  and  April  of  each 
2 


18 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


select 


Term  of 
schools. 


yeSLT>  an(*  transact  &11  public  school  business;  Provided, 
the  Chairman  may  call  a  special  meeting  whenever  in  his 
judgment  the  interest  of  the  public  schools  requires  it. 

2.  To  select   teachers,   fix   their   salaries,   erect  build- 
ings, repair  and  furnish  schoolhouses,  fix  all  wages  and 
incidental  expenses,  and  control  the  expenditure  of  the 
public  school  fund,  except  as  hereinafter  provided  for  the 
Advisory  Board. 

3.  To  run  all  public  schools  in  the  county,  as  nearly 
as  practicable,  the  same  length  of  time.      If  the  daily  at- 
tendance of  one  or  more  schools  shall  fall  below  the  mini- 
mum fixed  by  the  County  Board  of  Education,  then  such 
school,  or  schools,  shall  be  suspended  until  an  attendance 
can  be  assured  of  not  less  than  one-fourth  of  the  number 
of  pupils  within  the  territory  of  said  school,  or  schools; 
Provided,  the  County  Board  of  Education  shall  not  fix  the 
minimum  in  any  case  at  less  than  ten  pupils. 

4.  To  locate   schools  where   deemed  most  convenient, 
having  due  regard  for  lessening  the  number  in  order  to 
improve  the  efficiency  of  the  county  system  of  education. 
Pupils  may  be  permitted  by  the  County  Board  of  Educa- 
tion to  attend  school  in  a  district  other  than  that  in  which 
they  reside,  if  more  convenient,  and  they  may  be  per- 
mitted to  attend  in  another  county  than  that  of  their  resi- 
dence, if  more  convenient  ;   Provided,  it  be  by  agreement 
of  the  County  Board  of  Education  of  both  counties. 

5.  To   receive   monthy   reports   from   the   teachers    of 
their  respective  districts  and  issue  an  order  or  certificate 
therefor  on  the  Chairman  of  the  County  Board  of  Educa- 
tion for  warrant  of  salary  due. 

visit  school*  6.  To  visit  the  public  schools  of  their  respective  dis- 
tricts as  often  as  the  County  Board  of  Education  may 
require,  but  not  less  than  twice  a  year. 

Act  on  ap-  V.  To  act  on  cases  of  appeal  of  pupils  suspended  by 
action  of  the  Advisory  Board. 


Location  of 
schools. 


Reports    from 
teachers. 


peals. 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

8.  To    dismiss    teachers    for    incompetency,    improper 
or  immoral  conduct,  and  inattention  to  duty. 

9.  To  take  care   of,   manage,   and   control   all   school  property 
property;  buy,  transfer,  or  sell  school  property,  and  make 

and  take  proper  conveyances  and  perform  all  duties  now 
required  of  District  Directors  under  Section  70  of  Chapter 
25  of  Acts  of  1873,  and  Chapter  44  of  Acts  of  1859-60, 
which  may  not  be  included  in  the  foregoing  subsection. 

DISTRICT  ADVISORY  BOARD. 

SEC.  13.     That  there  shall  be  a  local  board  of  three  Ifcalor  "Ad' 

vlsory 

members  from  each  civil  district  in  the  county,  known,  as  Boards." 
the  "Advisory  Board,"  which  Advisory  Board  shall  be 
elected  by  the  qualified  voters  of  the  civil  district  bien- 
nially.    The  first  election  shall  be  held  the  first  Thursday 
in  August,   1908;  Provided,  that  the  District  Directors 
now  in  office  in  said  civil  districts  shall  constitute  the  Ad-  c£asp   23e! 
visory  Board  until  their  successors  are  elected  and  quali- 
fied under  the  provisions  of  this  Act. 


DUTIES  OF  THE  DISTRICT  ADVISORY  BOARD. 

SEC.  14.     That  the  duties  of  the  said  Advisory  Board 
shall  be  as  follows:  Boards. 

1.  To  visit  the  schools  and  inspect  the  school  work  in 
their  respective  districts,  to  see  that  the  schoolhouse  is  in 

good  repair  and  properly  equipped  for  work,   that  theActs  1907> 
school  grounds  are  improved  and  properly  kept,  and  that 
the  buildings  are  supplied  with  water,   fuel,   and  other 
necessaries. 

2.  To  make  general  recommendations   to  the   County 
Board  for  the  advancement  of  school  interests  in  said 
districts,  and  to  recommend  to  the  County  Board  of  Edu- 
cation desirable  teachers  for  their  schools. 

3.  To    make    a   written    report    once    a    year    to    the 
County  Board,  or  oftener,  if  required  by  the  said  County 


20 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


Scholastic 
census. 


City  Board 
Education 
enumerate 
for  cities. 
Acts  1909. 
Chap.  562. 


to 


Suspend 
pupils. 

Order  for 
supplies. 


Board,  in  relation  to  the  matters  committed  to  said  Ad- 
visory Board. 

4.  To  have  the  Secretary  enumerate  the  scholastic 
population  of  the  civil  district  annually  during  the  month 
of  July,  and  report  same  to  the  Secretary  of  the  County 
Board  of  Education,  and  the  Secretary  of  said  Advisory 
Board  shall  receive  for  this  an  amount  not  exceeding  two 
cents  per  capita  for  pupils  enumerated;  Provided,  that  in 
enumerating  the  scholastic  population,  the  full  name  of 
the  child,  the  name  of  the  parent,  and  the  age  of  the  child 
be  recorded,  and  also  the  fact  as  to  whether  the  child  is 
able  to  read  and  write ;  Provided,  that  in  any  town  or  city 
maintaining  a  separate  school  system,  the  Board  of  Educa- 
ottion  for  said  town  or  city  is  hereby  empowered  and  di- 
rected to  enumerate  the  scholastic  population  for  said  town 
or  city  under  the  rules  and  regulations  as  herein  provided; 
Provided,  further,  that  in  addition  to  giving  the  name  of 
the  child,  the  name  of  the  parent,  and  stating  whether  the 
child  can  read  and  write,  the  name  of  the  street  and  the 
number  of  residence  shall  be  given;  Provided,  further, 
that  the  enumerator  of  the  scholastic  population,  whether 
in  the  county  or  city  shall  make  affidavit  in  due  form  of 
law  that  he  has  taken  the  census  carefully  and  accurately 
in  accordance  with  the  provisions  of  the  law  and  that  his 
report  is  correct  to  the  best  of  his  knowledge  and  belief. 
The  City  Board  of  Education  and  the  District  Advisory 
Board  shall  file  this  affidavit,  together  with  the  census  re- 
port, with  the  County  Superintendent  on  or  before  August 
1st  of  each  year. 

5.  To  suspend  and  dismiss  pupils,  subject  to  appeal 
to  the  County  Board  of  Education. 

6.  To  issue  an  order  upon  the  County  Board  of  Edu- 
cation for  expenditures  for  repairs  and  incidentals  to  an 
amount  not  exceeding  ten  dollars. 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


SCHOOL  TEACHERS. 

SEC.   26.     No  teacher  of  public  schools  shall  be  em-  ^73. 
ployed,  or  receive  any  pay  frofn  the  public  funds,  unless  must  have 
he  or  she  have  a  certificate  of  qualification  given  to  him  or  befor^ 
her  by  the  County  Superintendent  for  the  county  within  ployed, 
which  he  or  she  is  employed.     No  such  payment  shall 
be  allowed,  if  made,  and  any  officer  who  shall  make  or 
sanction  it  shall  also  be  subject  to  a  penalty  of  not  less 
than  five  nor  more  than  fifty  dollars ;  and  for  like  services 
of  male  and  female  teachers,  like  salaries  shall  be  paid. 

SEC.  27.     Every  teacher  in  a  public  school  shall  keep  a^ 
daily  register  of  facts  pertaining  to  his  or  her  school,  in  to  keep  regis- 
such  form   as  the  school   regulations   shall  require,   and  uTer^o 
shall  be  responsible  for  the  safe-keeping  and  delivery  of  clerk- 
the  same  to  the  Secretary  of  District  Advisory  Board  at 
the  close  of  the  school  term,  or  of  the  period  of  his  or  herisoi.    chap, 
services,  whichever  shall  first  happen. 

SEC.  28.     Written  contracts  shall  be  made  with  all  pub- 1873.    chap, 
lie  school  teachers,  at  fixed  rates  per  month,  before  they  contracts, 
enter  upon  their  duties,  in  a  form  prescribed  by  the  school 
regulations;  such  contracts  shall  be  signed  in  duplicate, 
each  party  holding  a  copy. 

SEC.  29.     Any  teacher  of  a  public  school  may,  for  suffi-1873-    Cnap 

,  ,25.     Maysus- 

cient  cause,  suspend  pupils  from  attendance  on  the  school  pend  pupils, 
until  the  case  is  decided  by  the  District  Advisory  Board,  Acts  1007. 
which  shall  be  with  as  little  delay  as  possible. 

NOTB.— It  Is  the  duty  of  public  school  teachers  to  make  monthly  re- 
ports to  the  County  Board  of  Education.  (Acts  1907,  Chapter  236,  Sec- 
tion 10,  Subsection  5.) 


COUNTY  TRUSTEE  S  DUTY. 

SEC.  43.     The  County  Trustee  shall  keep  separate  .ac-i*™-    chap, 
counts  of  the  State  funds  and  the  county  funds,  showing  Of 
whence  and  on  what  account  the  moneys  were  severallv  Trustees  as 

.....  .  "to  receipts 

derived,  and  by  what  order,  and  on  what  account,  and  to  and  diatribu- 
whom  they  were  distributed ;  and,  as  soon  as  said  moneys 


22 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


are  received,  he  shall  report  the  same  to  the  County  Super- 
intendent and  to  the  Directors  of  each  school  district. 
1873.    chap.       SEC<  44.     He  shall  give  bond  for  the  faithful  perform- 

25.     Trustee's 

bond.  ance  of  his  duties,  with  surety,  to  be  approved  by  the 

County  Court  of  his  county,  in  double  the  amount  of  the 
money  that  may  come  into  his  hands,  and  his  compensa- 
tion for  receiving  and  paying  over  to  the  rightful  authori- 
ties all  moneys  received  by  him  shall  be  six  per  centum 
(6  per  cent)  on  all  sums  up  to  ten  thousand  dollars  ($10,- 
000),  and  four  per  centum  (4  per  cent)  on  all  sums  above 
ten  thousand  dollars  ($10,000)  and  up  to  twenty  thou- 
sand dollars  ($20,000),  and  a  commission  of  two  per 
centum  (2  per  cent)  on  all  sums  above  twenty  thousand 
dollars  ($20,000)  ;  Provided ,  That  in  computing  the  com- 
pensation of  Trustees,  all  funds — State,  county,  school, 
and  special — shall  be  taken  and  estimated  as  one,  and 
each  shall  pay  its  respective  portion  of  the  above  com- 
missions on  all  sums  of  money  received  by  said  Trustee 
for  said  State  and  county,  respectively;  and  Provided, 
further,  that  at  the  time  of  the  settlement  with  the  proper 
officers  of  the  State  and  county,  and  the  computation  of 
his  commission  on  collections,  said  Trustee  shall  furnish 
said  officers,  respectively,  with  a  certified  statement  from 
the  Judge  or  Chairman  of  the  County  Court,  showing  the 
amount  actually  collected  by  him  and  paid  over  by  him 
to  the  proper  State  and  county  authorities,  respectively, 
as  heretofore  provided;  Provided,  further,  that  the  Trus- 
tee shall  not  be  entitled  to  any  commission  on  money 
turned  over  to  him  by  his  predecessor  in  office,  or  on 
money  borrowed  for  the  use  of  the  county,  or  received  from 
the  proceeds  of  sale  or  sales  of  bonds;  Provided,  further, 
that  the  Trustee  shall  receive  one  (1)  per  centum  on  all 
moneys  collected  from  county  officers  and  fees  and  on  the 
school  fund  received  from  the  State  or  on  money  turned 
over  to  him  by  clerks  of  the  courts  and  other  collecting 
officers.  (See  Acts  1907,  Chap.  602,  p.  2123.) 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


23 


SEC.  45.     It  shall  be  the  duty  of  County  Trustees  to  \*f-  £** 
keep  separate  and  apart  from  other  funds  the  tax  levied  School  monej 
and  collected  for  public  school  purposes  in  their  county; 
and  any  Trustee,  who  converts  any  such  school  money  to 
the  discharge  of  any  account  charged  against  him  by  the 
State  or  county,  shall  be  guilty  of  a  misdemeanor,  and 
shall  be  subject  to  a  fine  of  not  less  than  one  hundred  dol- 
lars  ($100),  and  imprisonment  at  the  discretion  of  the  Penalty, 
court,  and  shall  forfeit  his  office. 

SEC.  23.     No    State    nor    County    Superintendent    of1873-    CbaP- 

J  25.     School 

Schools,  nor  School  Directors,  nor  any  other  officer,  nor  teachers  and 
any  teacher  of  the  public  schools,  shall  have  any  pecuniary  n^t°^  8 
interest,  directly  or  indirectly,  in  supplying  books,  maps,  agents, 
school  furniture  and  apparatus  to  the  public  schools  of  the 
State,  nor  shall  act  as  agent  for  any  author,  publisher, 
bookseller,  or  dealer  in  any  such  school  furniture  or  appa- 
ratus, or,  directly  or  indirectly,  receive  any  gift,  emolu- 
ment, reward  or  promise  of  reward,  for  his  influence  in 
recommending  or  procuring  the  use  of  any  book,  map,  or 
school  apparatus,  or  furniture  of  any  kind,  in  any  public 
school  of  this  State ;   and  any  school  officer  or  teacher  who 
stall  violate  this  provision,  besides  being  removed  from  his  Penalty, 
post,  shall  be  subject  to  a  penalty  of  not  less  than  two 
hundred,  nor  more  than  five  hundred  dollars,  and  shall  be 
guilty  of  misdemeanor;    Provided,  That  nothing  in  this 
section  shall  be  construed  so  as  to  include  authors  of  books 
and  maps  (Acts  1899). 

SEC.  24.     All  school  officers  going  out  of  office  shall  i873-    Chftp- 
deliver   to   their   successors   the   records   and   all   official  nver  records 
papers  belonging  to  the  office.     In  case  of  the  refusal  of  toe^es^a ' 
any  officer  to  do  so,  on  demand  of  his  successor,  he  shall  neglect, 
forfeit  not  less  than  twenty-five  nor  more  than  one  hun- 
dred dollars  therefor,  and  a  like  penalty  for  each  month 
during  which  he  shall  persist  in  withholding  the  same, 
and  shall  be  guilty  of  a  misdemeanor. 

No  director  (member  of  the  County  Board  of  Educa- 


24  PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


chap18  25  t*on)  S^a^  ke  a  teacner  in  tne  Public  schools,  nor  take  any 
Sec.  is.  contract  for  building  a  schoolhouse,  nor  any  contract  which 

his  board  is  competent  to  make,  nor  become  the  owner  of 

a  school  warrant. 

1873.  chap.  SEC.  25.  All  penalties  and  forfeitures  imposed  by  this 
and  forfeit-  ac*  upon  a  County  Superintendent  of  Schools  shall  be  for 
ures;  by  the  benefit  of  the  public  schools  of  the  county;  and  all 

whom  prose- 

cuted. penalties  imposed  upon  School  Directors  or  other  district 

school  officers,  or  upon  teachers,  shall  be  for  the  benefit 
of  the  public  schools  of  the  district  where  the  offense  is 
committed.  The  suit  for  such  penalties  shall  be  in  the 
official  name  of  the  State  Superintendent.  And  if  prose- 
cuted in  a  court  of  record,  it  shall  be  the  duty  of  the 
District  Attorney  to  conduct  the  same.  It  shall  also  be 
the  duty  of  the  District  Attorney,  and  any  school  officer 
of  the  county,  or  of  any  school  district,  as  the  case  may 
be,  to  set  such  prosecution  on  foot;  Provided,  That  if  a 
penalty  shall  be  inflicted  for  any  such  offense,  in  pursu- 
ance of  this  act,  the  party  shall  not  be  a  second  time  sub- 
ject to  a  penalty  therefor. 

SCHOOLS  AND  PUPILS  WHO  MAY  ATTEND  SCHOOLS. 

1873.    chap.       gEC>  3Q.     The  public  schools  shall  be  free  to  all  per- 

25.      School  .  .* 

attendance,     sons  between  the  ages  of  six  and  twenty-one  years  residing 


1879.  chap.  ^^  fae  gcnool  district,  and  in  special  cases  those  chil- 
dren residing  in  different  districts  may  be  educated  in 
school  under  such  regulations  as  may  be  prescribed  by  the 
Directors  of  the  district  interested;  Provided,  That  white 
and  colored  persons  shall  not  be  taught  in  the  same  school, 
but  in  separate  schools,  under  the  same  general  regulations 
as  to  management,  usefulness  and  efficiency. 

Term  of  All  public  schools  in  the  county  are  to  be  run  as  nearly  as 

i907°01  chap,   practicable  the  same  length  of  time.     If  the  daily  attend- 
236.  ance  of  one  or  more  schools  shall  fall  below  the  minimum 

fixed  by  the  County  Board  of  Education,  then  such  school, 
or  schools,  shall  be  suspended  until  an  attendance  can  be 
assured  of  not  less  than  one-fourth  of  the  number  of 
within  the  territory  of  said  school,  or  schools  ;  Pro- 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


vided,  the  County  Board  of  Education  shall  not  fix  the 
minimum  in  any  case  at  less  than  ten  pupils. 

SEC.  32.      (1)   There  shall  be  two  classes  of  district*®®1-    chap" 
public   schools,    designated    respectively    primary    schools  TWO  classes 

of  schools. 

an<t  secondary  schools. 

^2)  The  Directors  of  each  school  district  shall  establish 
and  maintain  therein  as  many  primary  schools  as  may  be 
necessary  to  teach  the  children  of  the  district;  but  they 
shall  have  due  regard  to  increasing  the  length  of  the 
school  term  for  the  benefit  of  the  district  by  limiting  the 
number  of  schools,  and  they  shall  not  waste  the  school 
funds  by  unnecessary  multiplication  of  schools.  In  every 
primary  school  shall  be  taught  Orthography,  Reading, 
Writing,  Arithmetic,  Grammar,  Geography,  History  of 
Tennessee,  [containing']  the  Constitution  of  Tennessee 
(Acts  1899),  and  History  of  the  United  States,  containing 
the  Constitution  of  the  United  States.  Vocal  Music  and 
Elocution,  or  the  art  of  public  speaking,  may  be  taught 
therein,  and  no  other  branches  shall  be  introduced,  except 
those  added  in  (4)  below. 

(3)  The  Directors  of  each  school  distr:%  whenever  the 
interests  of  the  district  shall  require  it,  i.-,.iy  establish  an'1' 
maintain  therein  one  or  more  secondary  schools.  Every 
secondary  school  shall  consist  of  a  Principal,  and  when 
necessary  an  assistant  or  assistants  may  be  employed. 

In  every  secondary  school  shall  be  taught  the  following 
branches:  Orthography,  Reading,  Writing,  Arithmetic. 
Grammar,  Geography,  History  of  Tennessee,  [containing  \ 
the  Constitution  of  Tennessee  (Acts  1899),  History  of 
the  United  States,  containing  the  Constitution  of  the 
United  States,  Elementary  Geology  of  Tennessee,  Ele- 
mentary Principles  of  Agriculture,  Elements  of  Algebra, 
Elements  of  Plane  Geometry,  Elements  of  Natural  Philos- 
ophy, Bookkeeping,  Elementary  Physiology  and  Hygiene, 
Elements  of  Civil  Government,  and  Rhetoric  or  Higher 
English.  Practice  shall  be  given  in  Elocution,  or  the  art 


schools. 


26  PUBLIC  SCHOOL  LAWS  OF  TENNESSEE. 

of  public  speaking.     Vocal  music  may  be  taught,  and  no 

other  branches  shall  be  introduced,  except  those  included 

in  (4)  following. 

Tnd^H^ene       ^  Amendment  taking  effect  January  1,  1896   (Acts 
effects  of  ai-  1895,  Chap.  180)  :  In  addition  to  the  branches  in  which 

instruction  is  now  given  in  the  public  schools  of  this  State, 


nar- 
cotics  and      Physiology  and  Hygiene,  with  a  special  reference  to  the 

smoking  be  nature  of  alcoholic  drinks  and  narcotics,  and  smoking 
cigarettes,  and  their  effects  upon  the  human  system,  shall 
also  be  taught  as  thoroughly  as  other  required  branches, 
and  shall  be  made  a  regular  course  of  study  for  all  pupils 
in  all  schools  supported  entirely  or  in  part  by  public 
money. 

Teachers  re-       (5)   No  certificate  shall  be  granted  to  any  person  to 
have  knowi-    teach  in  the  public  schools  of  this  State  after  the  first  of 
**"*  January,  1896,  who  has  not  passed  a  satisfactory  exami- 
nation in  Physiology  and  Hygiene,  with  special  reference 
to  the  effects  of  alcoholic  drinks  and  narcotics,  and  ciga- 
rette smoking  upon  the  human  system. 

1879.    chap.       (6)  The  Superintendent  of  Public  Instruction  of  this 

commission-    State,  and  Commissioner  of  Agriculture,  shall  be  consti- 

books°r  tCXt   tuted  a  commission  to  procure  the  preparation  of,  or  the 

designation  of,  a  work  on  the  "Elementary  Principles  of 


0°  *   Agriculture,"  which  shall  be  taught  in  the  public  schools 


ture.  of  the  State,  as  are  the  other  studies  prescribed  in  the 

21st  [31st]  section  of  the  public  school  law;  Provided, 
No  moneys  are  to  be  paid  by  the  State,  or  out  of  the 
school  fund,  for  the  preparation  of  the  necessary  book. 

(*)  Tlie  course  of  stu(iy  in  tne  Public  schools  of  each 
schools  grad-  county  shall  be  graded,  and  the  system  of  promoting 
superintend-7  PuPils  tnrough  the  several  grades  shall  be  prescribed 
ent-  by  the  County  Superintendent  thereof,  in  accordance  with 

the  general  regulations  of  the  State  Superintendent.  The 
course  of  study  in  the  primary  schools  shall  consist  of  five 
grades,  and  the  course  of  study  in  the  secondary  schools 
shall  consist  of  eight  grades,  the  first  five  grades  in  each 
being  identical. 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


(2)  Pupils  completing  the  first  five  grades,  and  attain- 

ing  proficiency  therein,  shall  receive  a  certificate  from  the  completing 
State  Superintendent,  certifying  that  the  holder  has  com-  gchoois. 
pleted  the  primary  school  course,  which  shall  be  counter- 
signed by  the  County  Superintendent  and  District  Direct- 
ors and  the  teacher  or  the  teachers  of  the  school,  and 
shall  entitle  the  holder  to  enter  the  sixth  grade  of  the  sec- 
ondary school  of  any  school  district,  or  of  the  high  school 
of  any  high  school  district,  which  is  now  or  may  hereafter 
be  established  and  in  which  the  holder  resides. 

(3)  Pupils  completing  the  eighth  grade  in  the  course  of  p^8m"mto 
the  secondary  schools,  and  obtaining  proficiency  therein,  pieting  see- 
shall  receive  a  diploma  from  the  State  Superintendent,  gcbooiL 
which    shall   be   countersigned   by   the   County    Superin- 
tendent and  by  the  District  Directors  and  by  the  teachers 

of  the  school,  and  which  shall  entitle  the  holder  to  enter 
the  ninth  grade  of  the  high  school  of  any  high  school  dis- 
trict which  is  now  or  may  hereafter  be  established,  and  in 
which  the  holder  resides. 

SEC.  33.  The  District  Directors  shall  have  the  power  18*3.  chap, 
and  they  are  hereby  authorized,  to  make  contracts  of  con-  dated  schools, 
solidation  with  the  trustees,  teachers,  or  other  authorities 
of  academies,  seminaries,  colleges,  or  private  schools,  by 
which  the  public  schools  may  be  taught  in  such  institu- 
tions ;  Provided,  That  the  branches  of  study  designated  in 
the  thirty-second  section  of  this  act  shall  be  taught  free 
of  any  charge  in  such  consolidated  schools ;  and  Provided 
further,  That  the  authority  of  the  County  Superintendent, 
District  Directors,  and  other  school  officers,  over  those 
studying  such  branches,  shall  be  as  full  and  ample  as  in 
the  ordinary  public  schooK  (See  County  High  School 
Bill.) 


The  permanent  school  fund  of  the  State  shall 1873-    chaP- 

25,    School 


SCHOOL  FUNDS  AND  THEIR  DISTRIBUTION. 
SEC.  34. 
be  the  one  million  five  hundred  thousand  dollars,  ascer- fund 


28 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


tained  and  declared  by  Section  946  of  the  Code,  and  recog- 
nized by  the  Constitution  of  the  State  to  be  the  permanent 
school  fund.  To  this  shall  be  added  the  interest  which 
has  accrued  on  the  same,  and  not  been  paid  by  the  State, 
amounting,  on  the  first  of  January,  1873,  to  $1,012,500, 
making  this  entire  permanent  State  school  fund  $2,512,- 
500.  For  this  $2,512,500  a  certificate  of  indebtedness 
shall  be  issued,  signed  by  the  Governor,  under  the  great 
seal  of  the  State,  and  deposited  with  the  Comptroller  of 
the  Treasury,  and  which,  on  its  face,  shall  show  the  pur- 
pose for  which  it  was  issued ;  and  shall  provide  for  the 

Escheats.  payment  of  the  interest  thereon  at  the  rate  of  six  per 
centum,  payable  semi-annually  on  the  first  day  of  July  and 
the  first  day  of  January  in  each  year,  commencing  on  the 
first  day  of  July,  1873.  To  the  permanent  State  fund 
may  be  added,  from  time  to  time,  the  proceeds  of  all  es- 
cheated property,  of  all  property  accruing  to  the  State  by 
forfeiture,  of  all  lands  sold  and  bought  in  for  taxes,  of  the 
personal  effects  of  intestates  having  no  kindred  entitled 
thereto  by  the  laws  of  distribution,  and  donations  made  to 
the  State  for  the  support  of  the  public  schools  unless  oth- 
erwise directed  by  the  donors.  The  principal  of  the 
said  fund  shall  always  remain  unimpaired  and  entire,  and 
the  annual  income  arising  therefrom  shall  be,  and  is  here- 
by, dedicated  to  the  support  and  maintenance  of  the  public 
schools  of  the  State. 

i873.  chap.  SEC.  35.  The  State  school  fund  for  the  annual  sup- 
port of  public  schools  shall  be  the  annual  proceeds  of  the 
permanent  State  school  fund — any  money  that  may  come 
into  the  State  treasury  for  the  purpose  under  the  present 
or  future  laws  of  the  State,  and  any  money  that  may 
come  into  the  State  treasury  for  the  purpose  from  any 
source  whatever.  (To  this  has  been  added  money  derived 
from  Acts  1909,  Chapter  264.) 

1873.  chap.  SEC.  36.  Every  male  inhabitant  in  the  State  subject 
ax'  thereto  shall  pay  a  poll  tax  of  one  dollar  for  the  support  of 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

the  public  schools,  which  shall  be  collected  as  other  taxes**™-, 
are,  and  paid  over  to  the  County  Trustee  in  the  county 
where  collected,  and  distributed  therein  to  each  school  dis- 
trict according  to  scholastic  population. 

SEC.  37.     The  State  school  tax  shall  be  collected  in  the  "78.    chap. 

25.      School 

same  manner  as  other  State  taxes,  but  when  the  collectors  Tax— how 
pay  over  to  the  Treasurer  of  the  State  the  money  collected  collected- 
by  them,  they  shall  designate  what  part  of  the  same  is  the 
proceeds  of  the  school  tax. 

SEC.  38.     A  tax  of  one  and  one-half  mills  on  the  dollar  1873.    chap. 

25.     One  and 

shall  be,  and  is  hereby,  annually  assessed  upon  all  prop- one-half  mills 
erty  subject  to  taxation  for  the  support  of  the  public  tex- 
schools,  which  shall  be  collected  as  other  taxes  are,  and 
paid  over  to  the  County  Trustee  in  the  county  where  col- 
lected, and  distributed  therein  to  each  school  district  ac- 
cording to  scholastic  population. 

SEC.   39.     When  the  money  derived  from  the  school  1873.    chap. 

25       School 

fund  and  taxes  imposed  by  the  State  on  the  counties  shall  term  of  five 
not  be  sufficient  to  keep  up  a  public  school  for  five  months  month8- 
in  the  year  in  the  school  districts  in  the  county,  the  County 
Court  shall  levy  an  additional  tax  sufficient  for  this  pur- 
pose, or  shall  submit  the  proposition  to  a  vote  of  the  peo- 
ple, and  may  levy  a  tax  to  prolong  the  schools  beyond  the 
five  months,  said  tax  to  be  levied  on  all  property,  polls,  and 
privileges  liable  to  taxation,  but  shall  not  exceed  the  entire 
State  tax. 

SEC.  40.     Taxes  so  levied  by  the  county  shall  be  collect-  g878Tal^ap> 
ed  in  the  same  manner  as  other  county  taxes,  and  shall  be  how  collected 
paid  over  to  the  County  Trustee  for  distribution  among  J",JUJ^W  du>" 
the  school  districts  of  the  county  according  to  their  scholas- 
tic population. 

SEC.  41.     All  school  money  coming  into  the  hands  of  1873.     Chap, 
the  State  Treasurer  or  County  Trustee  shall  be  kept  sep-  money    kept 
arate  and  apart  from  any  State  or  county  funds  in  their  8eParate 

from    other 
hands.  money. 


30  PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


SEC'  42'     A11  sums  of  moiiey  derived  from  State  or 
surplus.         county  funds,  which  are  unexpended  in  any  year  in  any 
138,  Sec.  *P<   Public  school  district,  shall  not  go  into  the  hands  of  the 
County  Trustee  for  redivision  the  next  year,  but  shall  be 
credited  to  such  district,  and  be  added  to  the  amount  next 
apportioned  to  such  district. 

isg5  sec°h3P'  ^EC'  ^'  ^n  a^  cases  w^ere  scno°l  money  has  been  col- 
Bank  of  Ten-lected  in  issues  of  the  Bank  of  Tennessee,  and  burned,  it 
shall  be  the  duty  of  the  Comptroller  to  issue  his  separate 
warrant  for  each  year  to  the  County  Trustee  of  each 
county  for  the  amount  of  school  money  belonging  to  such 
county  for  each  year  so  burned,  or  burned  as  aforesaid; 
and  the  proceeds  of  said  warrants,  together  with  all  other 
school  funds  now  in  the  hands  of  County  Trustees,  Super- 
intendents, or  other  officers,  belonging  to  each  year,  shall 
be  applied,  under  the  direction  of  the  County  Judge  or 
Chairman  of  the  County  Court,  first,  in  payment  of  all 
just  claims  accruing  in  said  year,  and  the  balance,  if  any, 
applied  in  payment  of  just  claims  next  in  time  of  accru- 
ing. 

25?3'  school*  SEC*  44:-  A11  money  in  the  treasury  of  the  State  for 
money  —  the  annual  support  of  her  schools  on  the  first  Monday  of 
*1*1  October  and  April  of  every  year  shall  be  apportioned  by 
the  Comptroller  among  the  several  counties  according  to 
their  scholastic  population,  as  reported  to  him  by  the  State 
Superintendent.  He  shall  give  immediate  notice  of  such 
apportionment  to  the  County  Trustee  of  each  county,  and 
shall  give  notice  in  some  newspaper  at  the  seat  of  govern- 
ment of  the  amount  apportioned  to  each  county.  He  shall 
issue  his  warrant  on  the  Treasurer  in  favor  of  the  County 
Trustee  of  each  county  for  the  amount  apportioned  to  such 
county,  and  transmit  the  warrant  to  such  Trustee. 

SEC.  45a.  The  County  Trustee  of  each  county  shall 
make  quarterly  settlements  with  the  County  Judge  or 
Chairman  of  the  County  Court  of  all  school  funds  arising 
from  State  or  county  levies,  or  from  any  other  source  for 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

school  purpose,   and  shall  also  make  with  said  County  ^7j; 
Judge  or  Chairman  of  the  County  Court  quarterly  dis-  Trustee's 
tribution  of  the  school  moneys  in  his  hands,   and  shall  settlements 


31 


report  the  same  to  the  County  Superintendent  and  to  the 
Directors  of  the  several  school  districts,  and  the  County 
Superintendent  of  Public  Instruction  for  the  county  shall 
bvi  present  at  each  quarterly  settlement  and  distribution  of 
the  school  fund,  and  shall  have  supervision  thereof. 

SEC.  45fc.  Said  County  Trustee  shall  also  have  an- 
nual  settlements  of  the  school  fund  with  said  County  Judge  Trustee's  an- 
or  Chairman  of  the  County  Court  before  July  15th  °"^tl^ettle" 
of  each  year,  for  the  school  year  ending  June  30th  pre- 
vious ;  and  in  said  settlement  said  Trustee  shall  be  charged 
with  all  tax  aggregates,  picked-up  taxes,  and  with  all  funds 
which  have  come  or  ought  to  come  into  his  hands  for  the 
school  purposes,  and  shall  be  credited  with  all  releases 
granted  by  the  County  Court,  with  his  lawful  commis- 
sions and  with  all  amounts  lawfully  disbursed;  and  the 
County  Superintendent  of  Instruction  shall  be  present  at 
such  annual  settlement,  and  shall  have  supervision  thereof. 

SEC.  45c.  It  shall  be  the  duty  of  the  County  Superin- if7a  chap. 

36,    Sec.    3. 

tendent  to  make  quarterly  reports  to  the  State  Supenn-  Quarterly 
tendent  on  or  before  the  15th  day  of  January,  April,  July,  Bounty  ° 
and  October  of  each  year,  setting  forth  an  account  of  the  superintend- 
school  funds  derived  from  all  sources,  in  accordance  with 
the  forms  or  on  the  blanks  provided  by  the  State  Super- 
intendent. 

SEC.  45d.  The  County  Trustee  shall,  on  or  before  July  JJ97^01^ p> 
15th  of  each  year,  make  annual  reports  to  the  County  Trustee's  an- 
Superintendent    for  the  school  year  ending  June   30th  county  PSU-  ° 
previous  in  accordance  with  the  forms  or  on  the  blanks 
provided  by  the  State  Superintendent;  and  said  annual 
report  shall  set  forth  an  account  for  all  moneys  received 
during  the  school  year,  under  the  heads  of  "Amount  on 
hand  at  beginning  of  school  year,"   "Gross  amount  re- 
ceived," "From  State,  County,  from  school  districts  and 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

from  all  other  sources/7  and  an  account  of  all  moneys  ex- 
pended during  said  school  year,  under  the  heads  of  "Sal- 
aries of  teachers,"  "  School  sites,  buildings,  and  repairs," 
"Furniture  and  fixtures,"  "Libraries,  maps,  charts,  and 
apparatus,"  "Paid  District  Clerks,"  "Paid  County  Super- 
intendents/' "Ketained  as  fees  of  Trustee,"  "All  other 
expenses,"  and  "The  balance  on  hand  at  the  end  of  school 
year." 

1897.    chap.        gEC.  45e>     Whenever  it  shall  appear  to  the  County  Su- 
protection  of  perintendent  that  any  portion  of  the  school  fund  has  been 


low?  aga  or  *s  *n  danger  °f  heing  lost,  misappropriated,  or  in 
any  way  illegally  disposed  of  or  not  collected,  it  shall 
be  the  duty  of  said  County  Superintendent  to  report  the 
same  to  the  County  Court,  and  also  to  report  the  same  to 
the  State  Superintendent. 

1897.    chap.        gEC    45*      Whenever  it  shall  appear  to  the  State  Su- 

Sec.   6. 

Same.  perintendent,  from  the  report  of  County  Superintendent 

or  from  other  information,  that  any  portion  of  the  school 
fund  has  been  lost,  misappropriated,  or  in  any  way  ille- 
gally disposed  of  or  not  collected,  it  shall  be  the  duty  of 
the  State  Superintendent,  and  he  shall  have  power,  to 
employ  a  resident  attorney  to  look  after  the  recovery  and 
collection  of  such  fund;  and  for  his  services  may  retain, 
out  of  moneys  actually  recovered  and  collected  by  him, 
not  exceeding  ten  per  cent  thereof;  and  in  no  case  shall 
said  attorney  receive  any  pay  for  said  services  except  his 
commission  as  aforesaid,  retained  out  of  moneys  actually 
collected,  accounted  for,  and  paid  over  by  him  to  the  offi- 
cer lawfully  entitled  to  receive  the  same. 

1897.    chap.        gEC    450      jt  shaii  1^  a  misdemeanor  in  office,  punish- 

36,    Sec.   7.  v  •  >i 

violation  of  able  by  fine,  for  any  County  Superintendent  or  County 
Trustee  to  fail  or  refuse  to  make  any  of  the  reports  pro- 
vided for  in  this  act,  and,  in  the  event  of  such  failure  or 
refusal,  it  shall  be  the  duty  of  the  officer  to  whom  such 
report  is  due,  unless  said  report  is  made  within  thirty  days 
after  the  date  fixed  by  law,  to  certify  said  failure  or 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

refusal  to  the  Attorney  General  for  the  county  in  or  from 
which  said  failure  or  refusal  shall  have  occurred. 

It  shall  be  the  duty  of  the  Comptroller  of  the  Treasury  ™^-    chap. 
to   certify   to   the   Chairman  or   County  Judge   of   eac/itroiier  to  re- 
county  in  the  State  the  date  of  issuance  and  amount  °/  to  F 
each  warrant  transmitted  to  the  County  Trustee  of  such  Judge. 
county  in   the   semi-annual   disbursement   of   the   public 
school  fund. 

DISTRICTS  ADJACENT  TO  INCORPORATED  TOWNS. 

School  districts  adjacent  to  incorporated  towns  are  au- 
thorized  to  purchase  property  inside  the  corporate  limits  Purchase 
of  such  town  and  erect  thereon  schoolhouses,  which  shall  pr 
be  under  the  exclusive  control  of  the  directors  of  such 
school  districts,  for  the  use  and  convenience  of  the  school 
children  in  such  school  district 

NOTE.—  The  powers  conferred  on  District  Directors  by  Acts  1873,  are 
now  given  County  Boards  of  Education  by  Acts  1907,  Chapter  236. 

SCHOOLS  OF  MUNICIPAL  CORPORATIONS. 

SEC.  51.     None  of  the  provisions  of  this  act  shall  bej,873- 

25.  *        . 

construed,  so  as  to  interfere  with  the  schools  or  school  Not  to  inter- 

systems    already   established    in    cities    and    incorporated 

towns,  or  conflict  with  the  chartered  rights  by  virtue  of 

which  funds  for  their  support  are  being  received,  raised, 

and  distributed,  or  to  limit  them  as  to  the  power  to  extend 

the  course  of  study,  it  being  intended  to  encourage  the 

establishment  of  public  high  schools,  when  the  population 

justifies  it,  as  a  means  of  perfecting  the  grading  and  ele- 

vating the  standard  of  scholarship.     But  all  such  schools 

shall  receive  their  pro  rata  share  of  moneys  received  un- 

der the  provisions  of  this  act,  according  to  their  scholastic 

population. 

SEC.   52.     That  all  the  rights  and  privileges  reserved  issi.    chap. 
and  given  to  cities  and  incorporated  towns  by  Section  51  of  Rights  of 


said  act  (1873,  Chap.  25),  be,  and  the  same  are  hereby,  and 

extruded  to  schools   and   school   systems   that  have  been 


34:  PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

established  by  cities  or  incorporated  towns  since  the  pas- 
sage of  said  act,  or  that  may  hereafter  be  established  by 
them. 

1031    SecaP3      ^^at   C^es    an(^    incorporated    towns    in    which    have 

Tax  for  grad-  been  established,  or  may  hereafter  establish,  such  higher 

ols>     graded    schools,    be,    and    the   same    are   hereby    author- 

ized   and    empowered    to    supplement    the    school    fund 

derived   from    State   and   county  tax,   by   an   additional 

municipal  tax  or  levy,  for  the  support  of  said  schools; 

Provided,  however,  That  no  incorporated  town  or  munici- 

pality shall  exceed  its  lawful  limit  of  taxation  in  making 

such  additional  levy. 


J85.     Extra      ^-j^   ^e  several  incorporated  cities  and  towns  within 
Chap.  19.       this  State  may,  through  their  Boards  of  Mayor  and  Alder- 
establish  and  maintain,  within  their  respective  cor- 


common         porate  limits,  a  system  of  high  graded  common  schools. 

high  grade.  (2)  For  this  purpose  the  said  Board  of  Mayor  and 
Aldermen  of  any  municipal  corporation  within  this  State 
may  procure  a  suitable  schoolhouse  or  houses,  either  by 

Erect   •cbool-        J*  ,  . 

houses.  erection  or  purchase,   and,   in  making  such  erection  or 

purchase  of  such  house  or  houses,  and  furnishing  the  same, 
may  apply  the  common  school  fund  to  which  their  respect- 
ive scholastic  populations  are  entitled  by  law. 


Levy  addi-  (3)  por  the  purpose  of  erecting,  or  causing  to  be 
erected,  or  purchasing  such  school  buildings  or  houses,  and 
furnishing  the  same,  and  for  the  purpose  of  establishing 
and  maintaining  such  high  graded  common  public  schools, 
said  Board  of  Mayor  and  Aldermen  may  levy  and  collect 
an  additional  tax  to  that  imposed  by  or  under  the  general 
provisions  of  the  school  law  upon  all  taxable  polls,  privi- 
leges, and  property  within  the  corporate  limits;  Provided, 
That  the  special  tax  levied  under  this  section,  and  the 
taxes  levied  for  general  municipal  purposes,  shall,  in  no 
case,  exceed  the  rate  of  taxation  for  general  purposes  fixed 
by  charter  limitation. 

The  Board  of  Mayor  and  Aldermen  of  any  such 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


35 


municipal  corporation,  so  establishing  public  schools,  may, 
and  they  shall,  have  full  power  to  appoint  a  Board  of 
Education,  consisting  of  not  exceeding  six  qualified  citi- 
zens residing  within  their  corporate  limits,  which  Board, 
when  so  appointed,  shall  have  full  power  as  trustees  or 
directors  to  manage  and  control  such  schools,  to  elect  or 
employ  well-qualified  teachers,  and  to  prescribe  all  needful 
rules  and  regulations;  and  said  Board  shall  hold  its  office 
as  follows:  Two  for  three  years,  two  for  two  years,  two 
for  one  year,  and,  after  the  first  year,  two  Commissioners 
shall  be  elected  each  year,  subject  to  removal  for  good 
cause  by  the  said  Board  of  Mayor  and  Aldermen. 

( 5 )   Nothing  in  this  act  shall  be  so  construed  as  to  Mixed 

,.  .-.1,  *  .  ,-,••  schools   not 

allow  or  permit  mixed  schools  of  the  white  and  colored  permitted, 
population,  but  such  schools  shall  be  taught  separately,  as 
now  provided  by  law. 

SEC.  54.     The  Board  of  Commissioners  (of  taxing  dis-  Extracts 
tricte  of  the  second  class)  shall  have  power,  by  ordinance,  1^St  chap 
within  the  district,     ...     to  establish  and  maintain  a  82»  Sec-  2- 

Schools  In 

public  scnool  or  public  schools ;  or  said  Commissioners  taxing  dis- 
may join  with  the  Public  School  Commissioners  of  thetr 
Civil  District  in  which  said  Taxing  District  is  located,  in 
maintaining  the  public  schools  located  within  the  limits 
of  said  Taxing  District. 


Act  for  Protection  of  Female  Boarding 

Schools. 


ACTS  1897.     CHAPTER  101. 

AN  ACT  for  the  protection  of  boarding  schools  and  colleges  for 
females,  and  the  principals  and  inmates  thereof. 

unlawful  to  SECTION  1.  Be  it  enacted  by  the  General  Assembly  of 
pii8Uof  femaie  the  State  of  Tennessee,  That  hereafter  it  shall  be  unlaw- 
schooii.  fui  for  anv  pergon?  or  persons,  to  wilfully  and  unneces- 
sarily interfere  with,  disturb,  or  in  any  way  disquiet  the 
pupils  of  any  school  or  college  for  females  in  this  State, 
or  the  principal  or  teachers  in  charge  of  them,  while  on 
any  public  road  or  street,  or  in  any  building  or  structure, 
or  on  the  school  premises;  nor  shall  any  communication 
be  had,  for  such  purposes,  with  such  pupils,  or  any  one  of 
them,  either  orally  or  in  writing,  or  by  signs  or  otherwise ; 
and  it  shall  also  be  unlawful  for  any  person  to  enter  upon 
any  such  school  or  college  premises,  except  on  business, 
without  first  having  obtained  permission  of  the  principal 
in  charge  of  same;  and  every  person  guilty  of  either  of 
said  offenses,  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  on  conviction  thereof,  shall  pay  a  fine  of  not  less  than 
five  nor  more  than  fifty  dollars  for  each  offense,  on  the 
first  conviction ;  and  upon  the  second,  and  each  subsequent 
conviction,  of  a  like  offense,  shall  pay  a  fine  of  not  less 
than  ten  nor  more  than  fifty  dollars,  and  be  imprisoned 
at  the  discretion  of  the  court,  in  the  county  jail,  not  less 
than  ten  nor  more  than  thirty  (30)  days. 

SEC.  2.  Be  it  further  enacted,  That  it  shall  be  unlaw- 
ful for  any  person,  or  persons,  to  loiter,  wander,  gtand, 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


37 


or  sit  upon  the  public  roads,  streets,  alleys,  sidewalks, 
or  other  places,  or  to  frequently  and  unnecessarily  pass  female  school, 
along  the  same  in  such  manner,  and  with  intent  to  annoy, 
vex  or  disturb  the  owners,  lessees  or  occupants  of  any 
premises  in  the  State  used  for  the  purposes  of  a  school  or 
college  for  the  education  of  females,  or  with  intent  to  dis- 
turb, annoy  and  harass  the  teachers,  principal  or  pupils, 
or  any  one  of  them,  as  they  pass  along  the  public  high- 
ways, streets,  or  alleys  of  any  city  in  the  State;  and  any 
person,  or  persons,  violating  this  section  of  this  act  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction, 
shall  be  fined  and  punished  in  the  same  way,  and  to  the 
same  extent,  as  if  convicted  under  the  first  section  of 
this  act. 


County  High  School. 


ACTS  1899.     CHAPTER  279. 

county  high  SECTION  1.  Whenever  it  shall  appear  to  the  County 
be  °c9t&b-  '  Court  of  any  county  that  the  public  interest  requires  it, 
iished.  gaid  Court  shall  have  power  to  provide  for  establishing 

and  maintaining  one  or  more  county  high,  schools  for  the 
instruction  of  the  children  of  the  county;   the  said  high 
school  or  schools  to  be  managed  as  hereinafter  provided. 
Tftx-  SEC.  2.   The  said  Court  for  the  purpose  aforesaid  shall 

have  power  to  levy  special  taxes,  in  addition  to  other 
taxes,  for  school  purposes,  not  to  exceed  fifteen  cents  on 
the  one  hundred  dollars  on  all  taxable  property,  to  be 
levied  and  collected  as  other  county  taxes;  and  the  said 
court  shall  also  have  power,  for  the  purpose  aforesaid,  to 
make  appropriations  out  of  any  county  funds  not  other- 
wise appropriated,  except  out  of  the  public  school  funds ; 
and  the  funds  arising  from  the  taxes  levied  for  the  pur- 
pose, and  for  the  appropriation  made  for  the  purpose, 
shall  constitute  a  special  fund  to  be  known  as  the  County 
High  School  Fund,  which  shall  be  kept  by  the  County 
Trustee  separate  and  apart  from  all  other  funds,  and 
applied  exclusively  to  the  purpose  aforesaid. 

county  High  gEC.  3.  The  management  and  control  of  the  county  high 
of  Education,  school  or  schools  shall  be  vested  in  the  County  High  School 
Board  of  Education,  which  shall  consist  of  seven  member^, 
six  of  whom  shall  be  elected  by  the  County  Court  as  soon  as 
the  court  shall  have  decided  to  provide  for  establishing  a 
county  high  school  or  schools,  two  of  whom  shall  be  elected 
to  serve  until  the  following  January  term  of  the  Court, 
two  to  serve  until  the  second  January  term  following  their 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


election,  and  two  to  serve  until  the  third  January  follow- 
ing their  election;  at  the  expiration  of  the  terms  of  the 
several  members,  their  successors  shall  be  elected  at  the 
respective  January  terms  of  the  Court,  to  serve  three  years. 
Not  more  than  one  member  of  the  board  shall  be  elected 
from  the  same  school  district,  and  the  members  shall  be  dis- 
tributed through  the  different  localities  of  the  county  as 
the  Court  shall  deem  equitable.  The  Court  shall  fill  all 
vacancies  for  unexpired  terms  at  the  quarterly  term  of  the 
Court  after  the  vacancy  occurs,  or  as  soon  thereafter  as 
possible.  The  County  Superintendent  shall  be  ex  officio  a 
member  of  the  Board  of  Education  and  Secretary  thereof, 
and  may  receive  such  compensation  for  his  services  as 
Secretary  as  the  Board  shall  allow,  in  addition  to  his  salary 
as  County  Superintendent. 

SEC.  4.  In  every  county  high  school  shall  be  taught  all 
the  branches  of  study  now  required  or  permitted  by  law  grades. 
to  be  taught  in  the  secondary  schools,  excepting  and  ex- 
cluding the  branches  named  to  be  taught  in  the  five  grades 
of  the  primary  schools;  and  in  addition  such  other  high 
school  branches  may  be  taught  as  the  Board  of  Education 
may  prescribe  as  necessary  to  prepare  pupils  for  college  or 
for  business.  The  county  high  schools  shall  be  graded 
by  the  Board  of  Education  under  the  general  regulations 
of  the  State  Superintendent  and  the  supervision  of  the 
County  Superintendent,  beginning  with  the  sixth  grade, 
which  sixth  grade  shall  be  adjusted  for  the  admission  of 
pupils  who  have  completed  the  five  grades  of  the  primary 
schools. 

SEC.  5.    In  order  to  secure  efficient  instruction  for  the  Threc  ttacb- 
extensive  course  of  study,  the  Board  shall  employ  in  every 
county  high  school  not  less  than  three  teachers. 

SEC.  6.  The  county  high  school  or  schools  shall  be  open 
to  all  the  children  of  the  county  of  lawful  age  who  shall  be 
otherwise  qualified,  and  who  have  completed  the  primary 


4:0  PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

school  course,  or  its  equivalent,  as  tested  by  examination 
or  such  regulations  as  may  be  provided  by  the  Board  for 
the  admission  of  pupils ;  Provided,  That  the  county  high 
schools  shall  be  separate  for  white  and  colored  pupils,  as 
provided  by  law  for  all  public  schools. 

Board  to  lo-       SEC.  7.    The  Board  of  Education  shall  have  power  to 

•tc. '  '  locate,  establish,  and  manage  the  county  high  school  or 

schools,  to  make  contracts  with  teachers,  draw  warrants  on 

the  County  Trustee  on  account  of  the  high  school  fund,  and 

shall  perform  such  duties  and  exercise  such  powers  with 

respect  to  the  control  and  management  of  the  county  high 

school  or  schools  as  are  now  vested  by  law  in  the  District 

Directors  with  respect  to  the  control  and  management  of 

the  district  schools. 

May  consoii-       SEC.  8.    The  County  Boaw?  of  Education  shall  have 

date  with  f  ... 

other  schools,  power  to  make  contracts  Ox  consolidation  with  the  proper 
authorities  of  seminaries,  academies,  or  colleges,  or  with 
city  Boards  of  Education,  or  District  Directors,  whereby 
the  county  high  school  may  be  taught  in  said  seminaries, 
academies,  or  colleges,  or  city  or  district  schools ;  Provided, 
That  the  high  school  branches  be  taught  free  of  charge  to 
all  pupils  of  the  county  entitled  thereto;  And  provided 
further,  That  the  authority  of  the  State  Superintendent, 
the  County  Superintendent,  the  Board  of  Education,  and 
all  school  officers  shall  be  as  full  and  ample  in  such  consol- 
idated school  as  in  other  county  high  schools;  And  pro- 
vided further,  That  no  teacher  shall  be  employed  in  teach- 
ing the  said  high  school  branches  unless  said  teacher  shall 
have  a  teacher's  certificate  of  such  grade  as  may  be  pre- 
scribed for  such  service,  the  County  Superintendent  under 
the  general  regulations,  and  unless  the  employment  of  said 
teacher  shall  be  approved  by  the  Board  of  Education. 

under  coun-       gEC>  9     The  ^^  j^  schools  shall  be  under  the 

ty   and   State 

Superintend-   general  supervision  of  the  County  Superintendent  and  of 
portg.  the  State  Superintendent,  as  provided  for  other  public 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

schools,  and  it  shall  be  the  duty  of  the  State  Superintend- 
ent to  provide  such  special  blanks  and  forms,  and  general 
regulations,  as  may  be  needed  for  the  examination  of  high 
school  teachers,  for  warrants  of  the  County  Board  of  Edu- 
cation, for  grading  high  schools  and  other  purposes,  and 
to  make  such  changes  in  the  form  of  reports  as  may  be 
necessary  to  adapt  them  to  the  use  of  the  high  schools,  and 
it  shall  be  the  duty  of  the  teachers  of  the  county  high 
schools,  and  of  consolidated  county  high  schools,  and  of 
County  Boards  of  Education,  to  make  reports  on  the  pre- 
scribed blanks  and  forms  at  the  time  provided  by  law  for 
the  reports  of  other  public  schools,  and  in  accordance  with 
the  regulations  of  State  and  County  Superintendents. 

SEC.  10.  The  County  Board  of  Education  shall  have 
power  to  admit  as  pupils  in  the  county  high  school  or  school  age. 
schools,  persons  over  the  school  age,  or  nonresidents  of  the 
county,  upon  the  payment  of  such  reasonable  rates  of 
tuition,  and  under  such  regulations  as  may  be  prescribed 
by  the  Board  for  persons  not  entitled  to  admission  in  said 
schools  free  of  charge. 

SEC.  11.   It  shall  be  the  duty  of  the  County  Trustee  to^ty  TTUS- 
pay  all  warrants  legally  drawn  by  said  Board  of  Education  oat  fond, 
on  account  of  the  county  high  school  fund,  to  keep  an  accu-  et 
rate  account  of  said  fund,  and  to  render  report  of  same  to 
the  said  Board  of  Education,  and  to  the  proper  officers  as 
now  provided  by  law  with  respect  to  other  school  funds. 


Text-Book  Law. 


Commission 
created. 


Chap.    209. 


Commission 
directed   to 
adopt  uni- 
form  text- 
books. 


Branches 
study. 


ACTS  1899.     CHAPTER  205. 

SECTION  1.  The  Governor  and  State  Superintendent  of 
Public  Instruction,  together  with  three  members  of  the 
State  Board  of  Education  to  be  named  by  the  Governor, 
and  to  serve  for  five  years,  shall  be,  and  are  hereby,  con- 
stituted a  State  Text-book  Commission,  whose  duty  it  is 
to  select  and  adopt  a  uniform  series  or  system  of  text-books 
for  use  in  the  primary  and  secondary  public  schools  in  the 
State  of  Tennessee,  and  for  use  in  the  incorporated  cities 
or  towns  in  the  high  graded  common  schools.  Said  com- 
mission is  hereby  authorized,  empowered,  and  directed  to 
select  and  adopt  a  uniform  system  or  series  of  text-books 
for  use  in  the  public  schools  in  this  State,  as  above  indi- 
cated, and  when  so  selected  and  adopted,  the  text-books 
shall  be  used  for  a  period  of  five  years,  in  all  the  public 
schools  of  this  State,  and  it  shall  not  be  lawful  for  any 
school  officer,  director,  or  teacher  to  use  any  other  books 
upon  the  same  branches,  other  than  those  adopted  by  said 
State  Text-book  Commission.  Said  uniform  series  shall 
include  the  following  branches  of  study,  to  wit:  Orthog- 
raphy, reading,  writing,  arithmetic,  geography,  grammar, 
language  lessons,  history  of  Tennessee,  containing  the  con- 
stitution of  the  State,  history  of  the  United  States,  con- 
taining the  constitution  of  the  United  States,  physiology 
and  hygiene,  elementary  geology  of  Tennessee,  elementary 
principles  of  agriculture,  elements  of  algebra,  elements  of 
plane  geometry,  elements  of  natural  philosophy,  bookkeep- 
ing, elements  of  civil  government,  rhetoric,  and  higher 
English,  and  such  other  branches  of  study  in  addition  to 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

the  foregoing  as  said  commission  may  select  and  designate 
for  use  in  the  high  graded  common  schools  in  the  incorpo- 
rated cities  and  towns  of  this  State;  Provided,  That  none 
of  said  text-books  shall  contain  anything  of  a  partisan  or 
sectarian  character.  It  shall  be  the  duty  of  said  commis-  Subcommis- 

slon  author- 

sion  to  appoint  a  subcommission  of  five,  to  be  selected  i«e<r.. 
from  among  the  teachers,  city  or  county  superintendents 
actually  engaged  in  the  school  business  in  this  State,  pro- 
vided that  not  more  than  one  of  these  shall  be  taken  from 
any  congressional  district,  to  whom  shall  be  referred  all 
books  sent  to  the  State  Text-book  Commission  as  specimen 
copies,  or  samples,  upon  which  bids  are  to  be  based,  and 
it  shall  be  the  duty  of  said  subcommission,  in  executive 
session,  to  examine  and  report  upon  the  merits  of  the  «ion. 
books,  irrespective  of  the  price,  taking  into  consideration 
the  subject-matter  of  the  books,  their  printing,  their  ma- 
terial and  mechanical  qualities,  and  their  general  suit- 
ability and  desirability  for  the  purposes  for  which  they 
are  desired  and  intended.  It  shall  further  be  the  duty  of 
said  subcommission  to  report  to  the  commission,  at  such 
time  as  said  commission  shall  direct,  arranging  each  book 
in  its  class  or  division,  and  reporting  them  in  the  order 
of  their  merit,  pointing  out  the  merits  and  demerits  of 
each  book,  and  indicating  what  book  they  recommend  for 
adoption  first;  what  book  is  their  second  choice;  what 
their  third  choice,  and  so  on,  pursuing  this  plan  with  the 
books  submitted  upon  each  branch  of  study.  And  if  said 
subcommission  shall  consider  different  books  upon  the 
same  subject,  or  of  the  same  class  or  division,  of  approx- 
imately equal  merit,  all  things  being  considered,  they  shall 
so  report,  and  if  they  consider  that  any  of  the  books  offered 
are  of  such  class  as  to  make  them  inferior  and  not  worthy 
of  adoption,  they  shall,  in  their  report,  so  designate  such 
books,  and  in  said  report  they  shall  make  such  recom- 
mendations and  suggestions  to  the  commission  as  they 
shall  deem  advisable  and  proper  to  make.  Said  report 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

shall  be  kept  secret  and  sealed  up  and  delivered  to  the 
secretary  of  the  commission,  and  said  report  shall  not  be 
opened  by  any  member  of  the  commission  until  the  com- 
mission shall  meet  in  executive  session  to  open  and  con- 
sider the  bids  or  proposals  of  publishers,  or  others,  desir- 
ing to  have  books  adopted  by  said  commission.  Each 
member  of  said  subcommission,  before  entering  upon  the 
discharge  of  his  duties,  shall  take  and  subscribe  to  an 
oath  to  act  honestly,  conscientiously,  and  faithfully,  and 
that  he  is  not  directly  or  indirectly,  in  any  manner  inter- 
ested in  any  of  the  proposed  contracts,  nor  in  any  book,  or 
publishing  concern  publishing  any  books  of  the  kind  or 
character  contemplated  for  use  in  the  public  schools  of 
this  or  any  other  State,  and  that  he  will  examine  all  books 
submitted  carefully  and  faithfully  and  make  true  report 
thereon,  as  herein  directed  and  prescribed.  Said  oath 
shall  be  filed  in  the  office  of  the  Secretary  of  State.  Said 
Text-book  Commission  shall  hear  and  consider  said  report 
in  its  selection  and  adoption  of  the  uniform  series  of  text- 
books, and  shall  also  themselves  consider  the  merits  of  the 
books,  taking  into  consideration  their  subject-matter,  the 
printing,  binding,  material  and  mechanical  qualities,  and 
their  general  suitability  and  desirability  for  the  purposes 
intended,  and  the  price  of  said  books,  and  they  shall  give 
due  consideration  and  great  weight  to  the  report  and  rec- 
ommendations of  said  subcommission ;  Provided,  That  no 
text~k°°k  the  subject-matter  of  which  is  of  inferior  quality, 
books.  shall  be  adopted  by  the  Text-book  Commission.  Said 

commission  shall  select  and  adopt  such  books  as  will,  in 
their  best  judgment,  accomplish  the  ends  desired,  and  they 
are  hereby  authorized  and  directed,  in  case  any  book  or 
books  are  deemed  by  them  suitable  for  adoption,  and  more 
desirable  than  other  book  or  books  of  the  same  class  or 
division  submitted,  and  they  further  consider  the  price  at 
which  such  book  or  books  are  offered  to  be  unreasonably 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE.  45 

high,  and  that  it  should  be  offered  at  a  smaller  price,  to 
immediately  notify  the  publisher  or  offerer  of  such  book 
or  books  of  their  decision,  and  request  such  reduction  in 
price  as  they  deem  reasonable  or  just,  and  if  they  and 
such  publisher  shall  agree  on  a  price,  they  may  adopt  this 
book  or  books,  but  if  not,  they  shall  use  their  own  sound 
judgment  and  discretion  whether  they  will  adopt  that,  or 
the  book  or  books  deemed  by  them  next  best  in  the  list 
submitted.  And  when  said  Text-book  Commission  shall 
have  finished  with  the  report  of  said  subcommission,  the 
said  report  shall  be  filed  and  preserved  in  the  office  of  the 
State  Superintendent  of  Public  Instruction,  and  shall  be 
open  at  all  times  for  public  inspection. 

SEC.  2.    Said  text-book  commission  shall,  immediately  How  the 

J  commission 

after  the  passage  of  this  Act,  meet  and  organize,  the  Gov-  shall  be  con- 
ernor  being  ex  officio  president  of  the  commission,  and 
the  commission  shall  elect  its  secretary.     As  soon  as  prac- 
ticable, not  later  than  thirty  days  after  its  organization, 
the  commission  shall  advertise,  in  such  manner,  and  for 
such  length  of  time,  and  at  such  places,  as  may  be  deemed 
advisable,  that  at  a  time  and  place  fixed  definitely  in  said 
advertisement,  sealed  bids  or  proposals  will  be  received  f^'^JJ 
from  the  publishers  of  school  text-books  for  furnishing  for- 
books  to  the  public  schools  in  the  State  of  Tennessee, 
through   agencies  established   by  said   publishers   in  the 
several  counties,  and  places  in  counties,  in  the  State,  as 
may  be  provided  for  in  such  regulations  as  said  commis- 
sion may  adopt  and  prescribe.     The  bids  or  proposals  to 
be  for  furnishing  the  books  for  a  period  of  five  years,  and 
no  longer,  and  that  no  bid  for  a  longer  period  would  be 
considered.       Said  bid  or  bids  shall  state  specifically  and  Re<ia!re- 
definitely  the  price  at  which  the  book  or  books  will  be  fur-  bidder*, 
nished,  and  shall  be  accompanied  by  one  or  more  specimen 
copies  of  each  and  every  book  proposed  to  be  furnished, 
and  it  shall  be  required  of  each  bidder  to  deposit  with  the 


4:6  PUBLIC    SCHOOL    LAWS    OF   TENNESSEE. 

Treasurer  of  the  State  a  sum  of  money  such  as  the  com- 
mission may  require,  not  less  than  five  hundred  ($500) 
dollars,  nor  more  than  twenty-five  hundred  ($2,500) 
dollars,  according  to  the  number  of  books  each  bidder 
may  propose  to  supply,  and  notice  shall  further  be  given 
in  said  advertisement  that  such  deposits  shall  be  forfeited 
absolutely  to  the  State,  if  the  bidder  making  the  deposit 
of  any  sum  shall  fail,  or  refuse,  to  make  and  execute  such 
contract  and  bond  as  is  hereinafter  required,  within  such 
time  as  the  commission  may  require,  which  time  shall 
also  be  stated  in  said  advertisement.  All  bids  shall  be 
sealed  and  deposited  with  the  Secretary  of  State  to  be  by 
him  delivered  to  the  commission  when  they  are  in  exec- 
utive session,  for  the  purpose  of  considering  the  same, 
when  they  shall  be  opened  in  the  presence  of  the  com- 
mission. 

procedure  of  SEC.  3.  It  shall  be  the  duty  of  the  said  Text-book  Corn- 
commission.  migsion  to  meet  at  the  time  and  place  designated  in  such 
notice,  or  advertisement,  and  take  out  the  sample  or  speci- 
men copies  submitted,  upon  which  the  bids  are  based,  and 
refer  and  submit  these  to  the  subcommission,  as  provided 
for  and  directed  in  Section  1  of  this  Act,  with  instructions 
to  said  subcommission  to  report  back  to  them  at  a  time 
specified,  with  their  report,  classification  and  recommen- 
dations, as  provided  in  Section  1.  When  the  said  report 
is  submitted  it  shall  be  the  duty  of  the  said  Text-book 
Commission  to  meet  in  executive  session,  to  open  and  ex- 
amine all  sealed  proposals  submitted  and  received  in  pur- 
suance of^the  notice  of  advertisement  provided  for  in 
Section  2  of  this  Act.  It  shall  then  be  the  duty  of  said 
commission  to  examine  and  consider  carefully  all  such 
bids  or  proposals,  together  with  the  report  and  recom- 
what  «haii  mendations  of  the  subcommission,  and  determine  in  the 
ered.  manner  provided  in  Section  1  of  this  Act  what  book  or 

books,  upon  the  branches  hereinabove  mentioned,  shall  be 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

selected  for  adoption,  taking  into  consideration  the  size, 
quality  as  to  subject-matter,  material,  printing,  binding, 
and  the  mechanical  execution  and  price,  and  the  general 
suitability  for  the  purpose  desired  and  intended;  Pro- 
vided, however,  That  all  books  selected  or  adopted  shall 
be  written  or  printed  in  English.  After  their  selection  for 
adoption  shall  have  been  made,  the  said  commission  shall, 
by  registered  letter  notify  the  publishers,  or  proposers, 
to  whom  the  contracts  have  been  awarded,  and  it  shall  General*  of 

then  be  the  duty  of  the  Attorney  General  of  the  State  to  state  to  pr* 

9     pare  con- 
prepare  the  said  contract  or  contracts  in  accordance  with  tracti. 

the  terms  and  provisions  of  this  Act,  and  the  said  contract 
shall  be  executed  by  the  Governor  and  Secretary  of  State, 
with  the  seal  of  the  State  attached  upon  the  part  of  the 
State  of  Tennessee,  and  the  said  contract  shall  be  executed 
in  triplicate,  one  copy  to  be  kept  by  the  contractor,  one 
copy  by  the  secretary  of  the  Text-book  Commission,  and 
copied  in  full  in  the  minute  book  of  said  commission,  and 
one  copy  to  be  filed  in  the  office  of  the  Secretary  of  State. 
At  the  time  of  the  execution  of  the  contract  aforesaid, 
the  contractor  shall  enter  into  a  bond  in  the  sum  of  not  f^^  * 
less  than  ten  thousand  dollars,  nor  more  than  thirty  thou- 
sand dollars,  payable  to  the  State  of  Tennessee,  the  amount 
of  said  bond  within  said  limits,  to  be  fixed  by  said  com- 
mission, conditioned  for  the  faithful,  honest,  and  exact 
performance  of  his  contract,  and  shall  further  provide  for 
the  payment  of  reasonable  attorneys'  fees  in  case  of  recov- 
ery in  any  suit  upon  the  same,  with  three  or  .more  good 
and  solvent  sureties,  actual  citizens  and  residents  of  the 
State  of  Tennessee,  or  any  guarantee  company  authorized 
to  do  business  in  the  State  of  Tennessee  may  become  the 
surety  on  the  said  bond,  and  it  shall  be  the  duty  of  the 
Attorney  General  to  prepare  and  approve  said  bond ;  Pro- 
vided, however,  That  said  bond  shall  not  be  exhausted  by  Bond  may  ** 

J  sued  on  from 

a  single  recovery,  but  may  be  sued  on  from  time  to  time,  tim*  to  time. 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


Forfeiture 
for  failure 
to  observe 
contract. 


until  the  full  amount  thereof  shall  be  recovered,  and  the 
said  commission  may,  at  any  time,  by  giving  thirty  days' 
notice,  require  additional  security  or  additional  bond 
within  the  limits  prescribed.  And  when  any  persons,  firm, 
or  corporation  shall  have  been  awarded  a  contract,  and  sub- 
mitted therewith  the  bond,  as  required  hereunder,  the 
commission,  through  its  secretary,  shall  so  inform  the 
Treasurer  of  the  State,  and  it  shall  then  be  the  duty  of  the 
Treasurer  to  return  to  such  contractor  the  cash  deposit 
made  by  him,  and  the  said  commission  through  its  secre- 
tary, shall  inform  the  Treasurer  of  the  names  of  the  un- 
successful bidders  or  proposers,  and  the  Treasurer  shall, 
upon  receipt  of  this  notice,  return  to  them  the  amount 
deposited  in  cash  by  them  at  the  time  of  the  submission 
of  their  bids.  But  should  any  person,  firm,  company,  or 
corporation  fail  or  refuse  to  execute  the  contract,  and 
submit  therewith  his  bond  as  required  by  this  Act  within 
thirty  days  of  the  awarding  of  the  contract  to  him,  and 
the  mailing  of  the  registered  letter  containing  the  notice, 
provided  the  mailing  of  the  registered  letter  shall  be 
sufficient  evidence  that  the  notice  was  given  and  received, 
the  said  cash  deposit  will  be  deemed,  and  is  hereby  de- 
clared, forfeited  to  the  State  of  Tennessee,  and  it  shall 
be  the  duty  of  the  Treasurer  to  place  said  cash  deposit  in 
the  treasury  of  the  State,  to  the  credit  of  the  school  fund ; 
Recoveries  to  And  provided  further,  That  any  recovery  had  on  any 
fund°  '  bond  given  by  any  contractor,  shall  inure  to  the  benefit 

of  the  school  fund  of  the  State  and  counties,  and  when 
collected  shall  be  placed  in  the  treasury  to  the  credit  of 
the  school  fund,  and  be  prorated  among  the  several  counties 
of  the  State. 

Books  must        SEC.  4.    The  books  furnished  under  any  contract  shall 

sample?  '     at  all  times,  during  the  existence  of  the  contract,  be  equal 

to,  in  all  respects,  the  specimen  or  sample  copies  furnished 

with  bids;    and  it  shall  be  the  duty  of  the  Secretary  of 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


49 


State  to  carefully  preserve  in  his  office,  as  the  standards  of 

quality  and  excellence  to  be  maintained  in  such  books, 

during  the  continuance  of  such  contract,  the  specimen  or 

sample  copies  of  all  books  which  have  been  the  basis  of 

any  contract,  together  with  the  original  bid  or  proposal. 

It  shall  be  the  duty  of  all  contractors  to  print  plainly  on 

the  back  of  each  book  the  contract  price  as  well  as  the 

exchange  price  at  which  it  is  agreed  to  be  furnished,  but 

the  books  submitted  as  sample  or  specimen  copies  with  the 

original  bids  shall  not  have  the  price  printed  on  them 

before  they  are  submitted  to  the  subcommission.     And  the 

said  Text-book  Commission  shall  not,  in  any  case,  contract  Prices  must 

with  any  person,  publisher,  or  publishers,  for  the  use  of 


anv  book  or  books  which  are  to  be  or  shall  be  sold  to  patrons  elsewnere 

under  like 

for  use  in  any  public  school  in  this  State,  at  a  price  above  conditions. 
or  in  excess  of  the  price  at  which  such  book  or  books  are 
furnished  by  said  person,  publisher,  or  publishers,  under 
contract  to  any  State,  county,  or  school  district  in  the 
United  States,  under  like  conditions  prevailing  in  this 
State,  and  under  this  Act.  And  it  shall  be  stipulated  in 
each  contract  that  the  contractor  has  never  furnished,  and 
is  not  now  furnishing  under  contract,  any  State,  county, 
or  school  district  in  the  United  States,  where  like  condi- 
tions prevail  as  are  prevailing  in  this  State,  and  under  this 
Act,  the  same  book  or  books  as  are  embraced  in  said  con- 
tract, at  a  price  below  or  less  than  the  price  stipulated  in 
the  said  contract.  And  the  said  commission  is  hereby 
authorized  and  directed,  at  any  time  they  may  find  that  Commission 

J  authorized 

for  use  in  any  public  school  in  this  State,  at  a  price  above  to  act  if 
any  book  or  books  have  been  sold  at  a  lower  price  under 
contract  to  any  State,  county,  or  school  district  aforesaid, 
to  sue  upon  the  bond  of  said  contractor,  and  recover  the 
difference  between  the  contract  price  and  the  lower  price 
at  which  they  find  the  book  or  books  have  been  sold.  And 
in  case  any  contractor  shall  fail  to  execute  specifically  the 

4 


50  PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

t 

terms  and  provisions  of  his  contract,  said  commission  is 
hereby  authorized,  empowered,  and  directed  to  bring  suit 
upon  the  bond  of  such  contractor  for  the  recovery  of  any 
and  all  damages,  the  suit  to  be  in  the  name  of  the  State  of 
Tennessee,  and  the  recovery  for  the  benefit  of  the  public 
school  fund.  But  nothing  in  this  Act  shall  be  construed  so 
as  to  prevent  said  commission  and  any  contractor  agreeing 
thereto,  from  in  any  manner  changing  or  altering  any  con- 
tract, provided  four  members  of  the  commission  shall 
agree  to  the  change  and  think  it  advisable  and  for  the  best 
interests  of  the  public  schools  of  this  State.  In  all  other 
matters  a  majority  of  said  commission  shall  control. 

state  not  gEC>  5.  it  shall  be  always  a  part  of  the  terms  and  con- 

ditions of  every  contract  made  in  pursuance  of  this  act 
that  the  State  of  Tennessee  shall  not  be  liable  to  any  con- 
tractor, in  any  manner,  for  any  sum  whatever,  but  all  such 
contractors  shall  receive  their  pay  or  consideration  in 
compensation  solely  and  exclusively  derived  from  the  pro- 
ceeds of  the  sale  of  books,  as  provided  for  in  this  Act; 

Books  now  in  Provided,  further,  That  the  commission  shall  stipulate  in 

"changed.*  tne  contract  for  the  supplying  of  any  book  or  books  as 
herein  provided,  that  the  contractor  or  contractors  shall 
take  up  the  school  books  now  in  use  in  this  State,  and  re- 
ceive the  same  in  exchange  for  new  books  at  a  price  not 
less  than  fifty  per  cent  of  the  contract  price.  And  each 
person  or  publisher  making  a  bid  for  the  supplying  of  any 
book  or  books  hereunder  shall  state  in  such  bid  or  proposal 
the  exchange  price  at  which  such  book  or  books  will  be 
furnished. 

Any  bid  may  gEa  (j.  The  text-book  commission  shall  have  and  re- 
serve the  right  to  reject  any  and  all  bids  or  proposals  if 
they  shall  be  of  opinion  that  any  or  all  should,  for  any 
reason,  be  rejected.  And  in  case  they  fail,  from  among 
the  bids  or  proposals  submitted,  to  select  or  adopt  any 
book  or  books,  upon  any  of  the  branches  mentioned  in 
section  1  of  this  Act,  they  may  readvertise  for  sealed  bids 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


51 


or  proposals  under  the  same  terms  and  conditions  as  be- 
fore, and  proceed  in  their  investigation  in  all  respects  as 
they  did  in  the  first  instance,  and  as  required  by  the  terms 
and  provisions  of  this  Act,  or  they  may  advertise  for  sealed 
bids  or  proposals  from  authors  or  publishers  of  text-books 
who  have  manuscripts  of  books  not  yet  published,  for 
prices  at  which  they  will  publish  and  furnish  in  book  form, 
such  manuscripts,  or  for  prices  at  which  they  will  sell  such 
manuscripts,  together  with  the  copyright  of  such  books, 
for  use  in  the  public  schools  in  Tennessee,  proceeding  in 
all  respects  in  like  manner  as  before;  And  vromdttd.  Thai 
before  accepting  or  rejecting  any  manuscript,  it  shall  be 
their  duty  to  take  the  manuscript  and  to  advertise  for 
sealed  bids  or  proposals  for  publishing  the  same  in  book 
form,  in  like  manner  as  hereinbefore  provided  for,  and 
under  the  same  restrictions  and  conditions,  and  the  con- 
tract may  be  let  for  the  publication  of  all  such  books,  or 
for  any  one  or  more  separately;  And  provided  further, 
That  the  State  itself  shall  not,  under  any  circumstances, 
enter  into  any  contract  binding  it  to  pay  for  the  publica- 
tion of  any  book  or  books,  but  in  the  contract  with  the 
owner  of  the  manuscript  it  shall  be  provided  that  he  shall 
pay  the  compensation  to  the  publisher  for  the  publication 
and  putting  in  book  form  the  manuscript,  together  with 
the  costs  and  expense  of  copyrighting  the  same;  And 
provided  further,  That  in  all  cases  bids  or  proposals  shall 
be  accompanied  with  the  cash  deposit  of  from  five  hun- 
dred dollars  to  twenty-five  hundred  dollars,  as  the  com- 
mission may  direct,  and  as  provided  in  Section  2  of  this 
Act.  And  it  is  further  expressly  provided  that  any  per- 
son, firm,  or  corporation  now  doing  business,  or  propos- 
ing to  do  business,  in  the  State  of  Tennessee,  shall  have 
the  right  to  bid  for  the  contract  to  be  awarded  hereunder, 
in  manner  as  follows:  In  response  to  the  advertisement, 
when  made  as  hereinbefore  provided,  said  person,  firms, 
or  corporation  may  submit  a  written  bid  or  bids  to  edit 


Bids  may  be 
readvertlsed 
for. 


Manuscripts 
of  books  may 
be  consid- 
ered. 


Publisher    of 
manuscript 
most    defray 
all    expenses. 


Cash    deposit 


How  bids 
•hall   be   sub- 
mitted. 


52  PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

or  have  edited,  publish  and  supply  for  use  in  the  public 
schools  in  this  State,  any  book  or  books  provided  for  here- 
under,  provided  that  instead  of  filing  with  said  bid  or 
proposal  a  sample  or  specimen  copy  of  each  book  proposed 
to  be  furnished,  he  may  exhibit  to  the  commission  in  man- 
uscript or  printed  form  the  matter  proposed  to  be  incorpo- 
rated in  any  book,  together  with  such  a  description  and 
illustration  of  the  form  and  style  thereof,  as  will  be  fully 
intelligible  and  satisfactory  to  the  said  commission,  or 
they  may  submit  a  book  or  books,  the  equal  of  which,  in 
every  way,  they  propose  to  furnish,  and  they  shall  accom- 
pany their  bid  or  proposal  with  the  cash  deposit  herein- 
before provided  for,  and  shall  enter  into  contract  and 
bond  as  hereinbefore  provided,  except  that  the  bond  may 
be,  in  this  instance,  increased  to  fifty  thousand  dollars; 
Provided,  That  all  books  and  manuscripts  offered  shall 
be  examined  and  reported  upon  by  the  subcommission  pro- 
vided for  in  section  1  of  this  act. 
Governor  to  SEC.  7.  As  soon  as  said  commission  shall  have  entered 

Issue    procla-   .  f       t,       f         .  ,  .  i 

mation.  in*o  a  contract  or  contracts  for  the  furnishing  or  supply- 
ing of  books  for  use  in  the  public  schools  in  this  State,  it 
shall  be  the  duty  of  the  Governor  to  issue  his  proclama- 
tion announcing  such  fact  to  the  people  of  the  State. 

SEC.  8.  The  party  or  parties  with  whom  the  contract 
shall  be  made  shall  establish  and  maintain  in  some  one 
city  in  each  of  the  three  grand  divisions  of  the  State,  a 
Depository,  to  ke  designated  by  the  commission,  where  a 
stock  or  supply  of  the  books  sufficient  to  meet  all  immedi- 
ate demands  shall  be  kept.  There  shall  also  be  main- 
tained in  each  county  in  the  State,  provided  the  commis- 
sion shall  deem  it  advisable,  and  so  demand,  not  less  than 
one  nor  more  than  four  agencies,  for  the  distribution  of 
the  books  to  the  patrons,  or  the  contractor  shall  be  per- 
mitted to  make  arrangements  with  merchants  or  others 
for  the  handling  and  distribution  of  the  books,  and  parties 
living  in  a  county  where  no  agency  has  been  established, 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


53 


>r  no  arrangements  made  for  distribution,  may  order  the 
same  from  one  of  the  depositories,  and  it  shall  be  the  duty 
of  the  contractor  to  deliver  any  book  or  books  so  ordered, 

to  the  person  ordering,  to  his  postoffice  address,  freight,  Books  to  be 

5  ..  §oid  to  con- 
express,  postage,  or  other  charges  prepaid,  at  the  retail  turner  at  re- 
contract  price,  provided  the  price  of  the  book  or  books  so  ^ce^see0* 
ordered  shall  be  paid  in  advance.  But  nothing  in  this  act  Acts  1001. 
shall  be  so  construed  as  to  prohibit  any  merchant  or  dealer 
from  buying  and  selling  said  books.  All  books  shall  be 
sold  to  the  consumer  at  the  retail  contract  price,  and  in 
each  book  shall  be  printed  the  following:  "The  price  fixed 
hereon  is  fixed  by  State  contract,  and  any  deviation  there- 
from shall  be  reported  to  your  County  Superintendent  of 
Public  Instruction,  or  the  State  Superintendent  at  Nash- 
ville." And  it  is  expressly  provided  that  should  any 
party  contracting  to  furnish  books  as  provided  for  in  this 
act,  fail  to  furnish  them,  or  otherwise  breach  his  contract, 
in  addition  to  the  right  of  the  State  to  sue  on  the  bond 
herein  above  required,  the  Chairman  of  the  County  Court 
or  County  Judge  may  sue  in  the  name  of  the  State  of 
Tennessee,  in  any  court  of  his  own,  or  any  other  county 
having  jurisdiction,  and  recover  on  the  bond  given  by  the  Recovery  for 
contractor  the  full  value  of  the  books  so  failed  to  be 
furnished,  for  the  use  and  benefit  of  the  school  fund  of 
the  county;  Provided,  That  the  right  of  action  given  to 
the  Chairman  or  County  Judge  shall  be  limited  to  breaches 
of  the  contract  committed  in  this  county;  And  provided 
further,  That  in  all  cases  service  of  process  may  be  had 
and  deemed  sufficient  on  any  agent  of  the  contractor  in 
the  county,  or  if  no  agent  is  in  the  county,  then  service 
may  be  had  on  the  agent  in  charge  of  any  depository,  and 
this  service  shall  be  and  stand  in  the  place  of  service  on 
the  defendant  contractor. 

SEC.  9.  Said  commission  may  from  time  to  time  make 
any  necessary  regulations  not  contrary  to  provisions  of 
this  act,  to  secure  the  prompt  distribution  of  the  books 


54:  PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


terein  provided  for,  and  the  prompt  and  faithful  execu- 
its  organiza-  tion  of  all  contracts,  and  it  is  expressly  now  provided  that 
said  commission  shall  maintain  its  organization  during 
the  five  years  of  the  continuance  of  the  contract,  and  after 
the  expiration  of  the  same  to  renew  such  of  them  as  they 
deem  advisable,  or  readvertise  for  new  bids  or  proposals, 
as  required  by  this  act  in  the  first  instance,  and  enter  into 
such  other  contracts  as  they  may  deem  for  the  best  in- 
terests of  the  patrons  of  the  public  schools  of  the  State, 
provided  any  contract  entered  into  or  renewed  shall  be  for 
the  term  of  five  years. 

10*  ^s  soon  as  practicable  after  the  adoption  pro- 


announce       vided  for  in  this  act,  the  State  Superintendent  shall  issue 

books    select-          •        i        •>   t  i  i  •    ,       i 

ed  to  county  a  circular  letter  to  each  city  and  county  superintendent 


*n  ^e  State,  and  to-  such  others  as  he  may  desire  to  send 
it,  which  letter  shall  contain  the  list  of  books  adopted, 
the  prices,  location  of  agencies,  and  method  of  distribu- 
tion, and  such  other  information  as  he  may  deem 
necessary. 

Books  adopt-       SEC.  11.  As  soon  after  the  passage  of  this  act  as  may 

used°exciu-     ^e  practicable,  and  the  commission  shall  deem  advisable, 

siveiy.    sup-  the  books  adopted   as   a  uniform   system   of  text-books, 

books.  shall  be  introduced  and  used  as  text-books,  to  the  exclusion 

of  all  others  in  all  the  public  free  schools  in  this  State; 

Provided,  That  nothing  herein  shall  be  construed  to  pre- 

vent the  use  of  supplementary  books,  but  such  supple- 

mentary books  shall  not  be  used  to  the  exclusion  of  the 

books  prescribed  or  adopted  under  the  provisions  of  this 

act  ;  And  provided  further,  That  nothing  in  this  act  shall 

be  construed  to  prohibit  the  use  in  public  schools  of  any 

text-book  upon  any  branch  mentioned  in  Section  1  of  this 

act,   where  the  commission  shall  not  select  or  adopt  a 

book  for  that  branch  or  subject;  And  provided  further, 

AS  to  highw  That  nothing  in  this  act  shall  prevent  the  teaching  in  any 

school  [of]  any  branch  higher  or  more  advanced  than  is 

embraced  in  Section  1  of  this  act,  nor  the  using  of  any 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


55 


° 


book  upon  such  higher  branch  of  study,  provided  that 
such  higher  branches  shall  not  be  taught  to  the  exclusion 
of  branches  mentioned  and  set  out  in  Section  1  of  this  act. 

SEC.  12.  Nothing  herein  shall  be  construed  to  prevent 
or  prohibit  the  patrons  of  the  public  schools  throughout  made  or  c»n 
the  State  from  procuring  books  in  the  usual  way  in  case 
no  contract  shall  be  made,  or  the  contractor  fails  or  re- 
fuses  to  furnish  the  books  provided  for  in  this  act,  at 
the  time  required  for  their  use  in  the  respective  schools. 

SEC.  13.  Any  person  or  teacher  violating  the  provisions 
of  this  act  shall  become  guilty  of  a  misdemeanor,  and  misdemeanor. 
upon  conviction,  punished  by  a  fine  of  not  less  than  ten 
dollars,  nor  more  than  fifty  dollars. 

SEC.  14.  Any  teacher  who  shall  use,  or  permit  to  be  *****&  of 

teacher  for 

used,  in  his  or  her  school,  any  text-book  upon  the  branches  failure  to  use- 
embraced  in  this  act,  where  the  commission  has  adopted 
a  book  upon  that  branch,  other  than  the  one  so  adopted, 
shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction, 
punished  as  provided  for  in  section  13  of  this  act. 

SEC.  15.  Any  dealer,  clerk,  or  agent,  who  shall  sell  any  Penalty  of 
book  for  a  greater  sum  than  the  contract  price,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  belaw< 
punished  as  provided  for  in  section  13  of  this  act.  " 

SEC.  16.  The  sum  of  one  thousand  dollars,  or  so  much  APPr°Prla- 

tlon    for   ear- 

thereof  as  may  be  necessary,  to  be  paid  out  of  the  public  r>  ing  Act 
school  fund,  be,  and  is  hereby,  appropriated  for  the  pur-  ' 
pose  of  paying  the  cost  and  expense  of  carrying  into  effect 
the  provisions  of  this  act. 

SEC.   17.   Said  text-book  commission  shall  serve  with-  p*y  of  mem- 

.  bers  of  sub- 

OUt  compensation,  and  members  of  the  subcommission  of  commission. 
five  shall  be  paid  a  per  diem  of  four  dollars  per  day  dur- 
ing the  time  they  are  actually  engaged,  not  to  exceed 
sixty  days,  and  in  addition  shall  be  repaid  all  money 
actually  expended  by  them  in  the  payment  of  necessary 
expenses,  to  be  paid  out  of  the  public  school  fund,  and 
they  shall  make  out  and  swear  to  an  itemized  statement 
of  such  expenses. 


°t  thta 


County  Board  of  Education. 


ACTS  1907.     CHAPTER  236. 

AN  ACT  to  be  entitled  "An  Act  to  improve  the  public  school  sys- 
tem of  Tennessee  by  creating  in  each  county  a  County  Board  of 
Education  and  District  Advisory  Boards,  and  prescribing  their 
duties,  and  abolishing  the  office  of  District  Directors." 

bounty  Board.  SECTION  1.  Be  it  enacted  by  the  General  Assembly  of 
the  State  of  Tennessee,  That  in  each  county  of  the  State 
of  Tennessee  the  office  of  District  Directors  shall  be  abol- 
ished, and  that  the  schools  shall  be  under  the  management 
and  control  of  a  County  Board  of  Education  and  a  District 
Board  of  Advisors,  hereinafter  to  be  provided  for. 

trictftfbe  SEC'  2'  Be  U  furt1ier  enacted,  That  the  County  Court 
created.  of  each  county  in  the  State  shall,  at  its  session  to  be  held 
the  first  Monday  in  July,  1907,  divide  the  county  into 
five  school  districts,  each  representing  as  nearly  as  prac- 
ticable equal  area  of  territory  or  the  same  number  of  in- 
habitants; Provided,  that  each  of  these  school  districts 
shall  be  composed  of  whole  civil  districts ;  and,  Provided, 
further,  that  in  counties  having  fewer  than  five  civil  dis- 
tricts, each  civil  district  shall  constitute  a  school  district, 
and  a  member  of  the  said  Board  of  Education  be  elected 
from  each  of  said  districts,  and  the  remaining  member 
or  members  be  elected  from  the  county  at  large. 
Members  of  SEC.  3.  Be  it  further  enacted,  That  one  member  from 

County  Board.         •       *.««*.ii». 

each  of  said  school  districts  and  the  other  members  afore- 
said from  the  county  at  large  shall  constitute  said  County 
Board  of  Education;  Provided,  the  Countv  Superintend- 
ent shall  be  Secretary  of  the  County  Board  of  Education. 
HOW  elected.       SEC.  4.  Be  it  further  enacted,  That  the  County  Court 
led'  in  the  several  counties  of  the  State,  at  its  July  term,  shall 


PUBLIC    SCnOOL    LAWS    OF    TENNESSEE. 

elect  a  member  of  the  County  Board  of  Education  from 
each  of  the  school  districts  above  mentioned;  or  where 
there  be  fewer  than  five  districts,  the  necessary  number,  as 
above  provided  for,  from  the  county  at  large,  which 
County  Board  of  Education  shall  qualify  and  organize 
within  ten  days  after  their  election  by  electing  one  of  their 
number  Chairman;  Provided,  further,  that  the  members 
of  the  County  Board  of  Education  thus  elected  shall  serve 
until  September  1,  1908,  and  that  on  the  first  Thursday 
of  August,  1908,  and  biennially  thereafter  each  member 
of  the  County  Board  of  Education  shall  be  elected  by  the 
qualified  voters  of  the  district,  above  provided  for,  and  in 
counties  with  fewer  than  five  districts  the  necessary  num- 
ber from  the  county  at  large;  and  the  term  of  office  of 
members  thus  elected  shall  begin  on  the  first  day  of  Sep- 
tember next  after  said  election,  and  their  tenure  of  office 
shall  be  two  years,  or  until  their  successors  in  office  are 
duly  elected  and  qualified. 

SEC.  5.  Be  it  further  enacted,  That  any  person  shall Who  «H*lble- 
be  eligible  to  the  office  of  member  of  the  County  Boarcl 
of  Education  who  is  qualified  by  at  least  a  primary  educa- 
tion, such  as  the  primary  public  school  course,  to  per- 
form the  duties  required,  and  who  is  a  resident  of  the  dis- 
trict and  a  qualified  voter  therein.  If  he  shall  cease  to 
be  a  resident  thereof,  his  office  shall  be  deemed  vacant. 

SEC.  6.  Be  it  further  enacted,  That  whenever  a  vacancy  Vacancies 
occurs  among  the  members  of  the  County  Board  of  Edu- 
cation, the  County  Superintendent  of  Public  Instruction 
shall  fill  the  same  by  appointment  upon  being  notified  of 
such  vacancy. 

SEC.  7.  Be  it  further  enacted,  That  the  duties  of  the  Dut!cs  of 

Chairman. 

Chairman  of  the  County  Board  of  Education  shall  be : 

1.  To  preside  over  the  meetings  of  the  County  Board 
of  Education,  and  to  perform  all  the  functions  of  a  pre- 
siding officer  in  a  deliberative  body ;  Provided,  that  in  the 
absence  of  the  Chairman  at  any  meeting,  the  members  of 


58 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


special 


Duties  of 

Secretary. 

warrants. 


Quarterly 


Keep  records 


county  su. 
6I 


secretary. 


Boards. 


the  County  Board  of  Education  present  may  select  a  tem- 
porary Chairman,  who  shall  perform  the  duties  of  the 
Chairman  for  that  meeting;  and,  Provided,  further,  that 
it  shall  require  the  presence  of  three  voting  members  to 
constitute  a  quorum  for  the  transaction  of  business. 

%  ^0  call  special  meetings  of  the  County  Board  of 
Education  whenever  in  his  judgment  the  interest  of  the 
public  schools  requires  it,  and  to  appoint  all  committees 
authorized  by  said  County  Board  of  Education,  and  to 
sign  all  warrants  issued  by  said  County  Board  of  Educa- 
tion. 

gEC.  8.  Be  it  further  enacted.  That  it  shall  be  the  duty 
of  the  Secretary  of  the  County  Board  of  Education  : 

i.  To  issue  all  warrants  authorized  by  the  County 
Board  of  Education  upon  the  County  Trustee  for  the  ex- 
penditures of  the  public  school  fund,  and  to  sign  the  same, 
together  with  the  Chairman  of  the  Board. 

g.  To  make  a  written  report  to  the  County  Court  quar- 
terly  of  all  expenditures  of  the  public  school  fund  by 
items,  which  accounts  shall  be  audited  by  the  County 
Judge  and  Auditing  Committee  of  the  County  Court. 

%  ^0  ^eep  jn  weU-bound  books,  to  be  furnished  by  the 
county,  a  full  and  accurate  record  of  each  meeting  of  the 
County  Board  of  Education,  and  accounts  of  all  financial 
transactions,  which  books  shall  be  kept  in  the  office  of  the 
County  Superintendent  of  Public  Instruction. 

gEa  9.  ge  ft  further  enacted,  That  the  County  Super- 
intendent  as  ex  officio  Secretary  of  the  County  Board  of 
Education  be  required  to  give  bond,  to  be  approved  by  the 
Chairman  of  the  County  Court,  to  the  amount  of  $500 
for  the  faithful  discharge  of  his  duties. 

SEC.  10.  Be  it  further  enacted, 

l'    That   ^  ShaU   k®   ^   dUty  °f   the   CoUnty   Board   °f 

Education  to  hold  a  regular  meeting  on  the  first  Saturday 
in  July,  October,  January,  and  April  of  each  year,  and 


II 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE.  59 

.ransact  all  public  school  business;  Provided,  the  Chair- 
nan  may  call  a  special  meeting  whenever  in  his  judgment 
she  interest  of  the  public  schools  requires  it. 

2.  To  select  teachers,  fix  their  salaries,  erect  buildings,  Select  tcach- 
repair  and  furnish  schoolhouses,  fix  all  wages  and  inci- 

dental expenses,  and  control  the  expenditure  of  the  public 
school  fund,  except  as  hereinafter  provided  for  the  Ad- 
visory Board. 

3.  To  run  all  public  schools  in  the  county  as  nearly  as  Term  of 
practicable  the  same  length  of  time.     If  the  daily  attend- 

ance of  one  or  more  schools  shall  fall  below  the  minimum 
fixed  by  the  County  Board  of  Education,  then  such  school, 
or  schools,  shall  be  suspended  until  an  attendance  can  be 
assured  of  not  less  than  one-fourth  of  the  number  of  pupils 
within  the  territory  of  said  school,  or  schools;  Provided, 
the  County  Board  of  Education  shall  not  fix  the  minimum 
in  any  case  at  less  than  ten  pupils. 

4.  To  locate  schools  where  deemed  most  convenient,  Location  or 

i  f  -i  schools. 

having  due  regard  for  lessening  the  number  in  order  to 
improve  the  efficiency  of  the  county  system  of  education. 
Pupils  may  be  permitted  by  the  County  Board  of  Educa- 
tion to  attend  school  in  a  district  other  than  that  in  which 
they  reside  if  more  convenient,  and  they  may  be  permitted 
to  attend  in  another  county  than  that  of  their  residence  if 
more  convenient;  Provided,  it  be  by  agreement  of  the 
County  Board  of  Education  of  both  counties. 

5.  To   receive   monthly  reports   from  the   teachers   of  Reports  from 

teachers 

their  respective  districts  and  issue  an  order  or  certificate 
therefor  on  the  Chairman  of  the  County  Board  of  Educa- 
tion for  warrant  for  salary  due. 

6.  To  visit  the  public  schools  of  their  respective  dis-  Vl8lt  schools. 
tricts  as  often  as  the  County  Board  of  Education  may  re- 

quire, but  not  less  than  twice  a  year. 


7.  To  act  on  cases  of  appeal  of  pupils  suspended  by  Dismi"  PU- 
action  of  the  Advisory  Board. 

8.  To  dismiss  teachers  for  incompetency,  improper  or  Dismiss 
immoral  conduct,  and  inattention  to  duty. 


60 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


School 

erty. 


prop- 


District  re- 
ports. 


Compensa- 
tion of 
Boards. 


Local  or 

"Advisory 
Boards." 


Duties  of 
"Advisory 
Boards." 


9.  To  take  care  of,  manage,  and  control  all  school  prop- 
erty; buy,  transfer,  or  sell  school  property,  and  make  and 
take  proper  conveyances  and  perform  all  duties  now  re- 
quired of  District  Directors  under  Section  20  of  Chapter 
25  of  Acts  of  1873,  and  Chapter  44  of  Acts  of  1859-60, 
which  may  not  be  included  in  the  foregoing  subsection. 

SEC.  11.  Be  it  further  enacted,  That  each  member  of 
the  County  Board  of  Education  shall  make  a  full  and 
accurate  report  of  the  public  schools  of  his  district  to  the 
County  Superintendent  of  Public  Instruction  not  later 
than  the  first  day  of  August  of  each  year,  said  report  to 
be  made  on  the  forms  furnished,  and  to  include  the  time 
from  July  1  to  June  30  following,  next  before  the  report 
is  made. 

SEC.  12.  Be  it  further  enacted,  That  each  member  of 
the  County  Board  of  Education  shall  receive  not  less  than 
one  dollar  and  fifty  cents  per  day  nor  more  than  three 
dollars  per  day,  as  determined  by  the  County  Court,  for 
not  more  than  thirty  days  in  a  year,  and  to  be  paid  for 
actual  time  spent  for  attendance  upon  meetings  and  in  vis- 
iting the  schools  of  the  district  as  heretofore  provided. 

SEC.  13.  Be  it  further  enacted,  That  there  shall  be  a 
local  board  of  three  members  from  each  civil  district  in 
the  county,  known  as  the  "Advisory  Board,"  which  Ad- 
visory Board  shall  be  elected  by  the  qualified  voters  of 
the  civil  district  biennially.  The  first  election  shall  be 
held  the  first  Thursday  in  August,  1908;  Provided,  fur- 
ther, that  the  District  Directors  now  in  office  in  said  civil 
districts  shall  constitute  the  Advisory  Board  until  their 
successors  are  elected  and  qualified  under  the  provisions 
of  this  Act. 

SEC.  14.  Be  it  further  enacted,  That  the  duties  of  the 
said  Advisory  Board  shall  be  as  follows : 

1.  To  visit  the  schools  and  inspect  the  school  work  in 
their  respective  districts,  to  see  that  the  schoolhouse  is  in 
good  repair  and  properly  equipped  for  work,  that  the 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


61 


1 


chool  grounds  are  improved  and  properly  kept,  and  that 
he  buildings  are  supplied  with  water,  fuel,  and  other 
leoessaries. 

2.  To  make  general   recommendations  to  the   County General 

.  ,    _ .      recommenda- 

3oard  for  the  advancement  of  school  interests  in  said  dis-  tions. 
;ricts,  and  to  recommend  to  the  County  Board  of  Educa- 
:ion  desirable  teachers  for  their  schools. 

3.  To  make  a  written  report  once  a  year  to  the  County  Written  **• 
Board,  or  oftener  if  required  by  the  said  County  Board, 

in  relation  to  the  matters  committed  to  said  Advisory 
Board. 

4.  To    have    the    Secretary    enumerate    the    scholastic Schola8tlc 

CenSUC. 

population  of  the  civil  district  annually  during  the  month 
of  July,  and  report  same  to  the  Secretary  of  the  County 
Board  of  Education,  and  the  Secretary  of  said  Advisory 
Board  shall  receive  for  this  an  amount  not  exceeding  two 
cents  per  capita  for  pupils  enumerated ;  Provided,  that  in 
enumerating  the  scholastic  population,  the  full  name  of 
the  child,  the  name  of  the  parent,  and  the  age  of  the  child 
be  recorded,  and  also  the  fact  as  to  whether  the  child  is 
able  to  read  and  write. 

5.  To  suspend  and  dismiss  pupils,  subject  to  appeal  suspend  pu- 
to  the  County  Board  of  Education. 

6.  To  issue  an  order  upon  the  County  Board  of  Edu- Issue  order8' 
cation  for  expenditures  for  repairs  and  incidentals  to  an 

amount  not  exceeding  ten  dollars. 

SEC.  15.  Be  it  further  enacted ,  That  in  case  of  a  va-  Vacancy  ln 
cancy  in  any  District  Advisory  Board,  it  shall  be  the  duty  Boards, 
of  the  County  Superintendent  to  fill  said  vacancy  by  ap- 
pointment upon   notification  of  same  by  the  remaining 
member  or  members  of  said  Advisory  Board. 

SEC.  16.  Be  it  further  enacted,  That  this  Act  shall  not  city  school. 

/-  -  .        exempt. 

in  any  way  affect  systems  of  city  schools  now  operating 
under  special  charters,  or  the  law  governing  municipal 
schools,  and  where  said  systems  recognize  the  three  Dis- 
trict Directors  as  members  of  City  Board  of  Education, 


triut   -L'l 


OZ  PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

the  said  Advisory  Board  shall  continue  to  serve  in  said 
capacity. 

SEC.  17.  Be  it  further  enacted,  That  all  provisions  of 
laws  now  existing  applying  to  School  Directors,  not  in 
conflict  with  any  provisions  heretofore  stated,  shall  apply 
to  members  of  the  County  Board  of  Education  and  Dis- 
trict Advisory  Boards;  Provided,  the  provisions  of  this 
Act  shall  not  apply  to  counties  of  a  population  not  less 
than  36,010  nor  more  than  36,050  by  the  Federal  census 
of  1900  or  any  subsequent  Federal  census  ;  and,  Provided, 
further,  that  the  provisions  of  this  Act  shall  not  apply 
to  the  following  counties  having  the  population  as  indi- 
cated according  to  the  Federal  census  of  1900  or  any  sub- 
sequent Federal  census  : 

county.  Counties  between  28,285  and  28,287. 

Moore  County      Counties  between  5,700  and  5,710. 


Counties  between  19>000  and  19,100. 
County.  Counties  between  26,500  and  27,500. 

SEC.  18.  Be  it  further  enacted,  That  said  District  Ad- 
visory Board  of  Education  shall  qualify  within  ten  days 
after  their  election  and  organize  by  selecting  a  Chairman 
and  a  Secretary. 

SEC.  19.  Be  it  further  enacted,  That  all  laws  and  parts 
of  laws  in  conflict  with  this  Act  be,  and  the  same  are 
hereby,  repealed,  and  that  this  Act  take  effect  on  July  1, 
1907,  the  public  welfare  requiring  it. 


Acts  1907.    Chapter  690. 


Academics 
n.t    u.ed. 


LN  ACT  to  be  entitled  "An  Act  to  empower  and  authorize 
Boards  of  Trustees  of  academies  and  small  colleges  which 
no  longer  are  used  for  the  purposes  originally  intended  to 
transfer  the  properties  of  said  academies  and  small  colleges 
to  counties  and  County  Boards  of  Education  or  County  High 
School  Boards." 

WHEREAS,  Most  of  the  academies  established  in  the 
several  counties  of  the  State  under  the  provisions  of  an  Act 
of  the  General  Assembly  of  the  State  of  Tennessee,  passed 
September  13,  1806,  and  entitled  "An  Act  to  establish 
academies  in  the  several  counties  of  this  State  and  for  the 
appointment  of  trustees  thereof,"  and  of  various  subsequent 
Acts  of  the  General  Assembly,  and  which  for  many  years 
received  aid  from  the  proceeds  of  the  sale  of  one  hundred 
thousand  acres  of  land  granted  to  this  State  for  academy 
purposes  by  Act  of  the  Congress  of  the  United  States,  ap- 
proved April  18,  1806,  and  ratified  by  the  General  Assem- 
bly of  the  State  of  Tennessee  September  6,  1806,  and  from 
other  sources,  have  long  since  ceased  to  be  used  as  county 
academies  according  to  the  intention  of  the  original  Act 
and  various  subsequent  Acts  providing  for  their  establish- 
ment and  maintenance,  and  are  now  used  chiefly  for  local 
and  individual  purposes ;  and 

WHEREAS,    Many  other  academies  and  small  colleges Not  maln- 
established  from  time  to  time  by  various  Acts  of  the  Legis- 


lature  or  incorporated  under  the  general  laws  of  the  State  edac»tlon- 
are  no  longer  maintained  for  the  purposes  for  which  they 
were  established — namely,  the  secondary  education  of  the 
youth  of  the  counties  or  section  in  which  they  are  located ; 
and 

WHEREAS,  The  public  high  school  now  holds  more  nearly 
than  any  other  institution  the  relation  to  the  State  and  the 


64: 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


property 

County 

Boards. 


to 


general  cause  of  education  formerly  held  by  the  academy 
and  the  small  college ;  therefore, 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of 
the  State  of  Tennessee,  That  in  any  county  of  this  State  in 
which  provision  has  already  been  made  or  shall  at  any  time 
in  the  future  be  made  for  the  establishment  and  mainten- 
ance of  one  or  more  public  county  high  schools,  it  shall  be 
lawful  for  the  Trustees  of  any  academy  or  small  college  of 
the  classes  referred  to  in  the  preamble  of  this  Act  to  trans- 
transfer  may^er>  an(*  tney  are  hereby  authorized  to  transfer,  to  the 
county  and  the  County  Board  of  Education  or  County  High 
School  Board  any  property  held  by  them  as  Trustees, 
whether  of  lands,  houses,  equipment,  money,  notes,  mort- 
gages, bonds,  or  any  other  kind,  to  be  held  by  said  county 
and  County  Board  of  Education  or  County  High  School 
Board  for  the  use  of  the  public  county  high  school  or  schools 
of  the  county ;  and  said  county  and  board  shall  have  full 
power  to  hold,  use,  and  dispose  of  any  such  property  so 
transferred  to  them  in  the  same  manner  as  other  public 
high  school  property. 

SEC.  2.  Be  it  further  enacted,  That  when  the  Trustees 
of  any  academy  or  college  shall  transfer  to  the  county  and 
County  Board  of  Education  or  County  High  School  Board, 
as  provided  in  this  Act,  the  property  held  in  trust  by  them, 
they  shall  render  a  full  and  accurate  report  of  the  transac- 
tion to  the  County  Court  at  its  next  session;  and  on  the 
acceptance  of  this  report  by  the  County  Court,  the  trust  on 
the  part  of  said  Trustees  shall  cease  and  the  Board  be 
dissolved. 


Trust 

and    Board 

dissolved. 


Acts  1909.    Chapter  24 


AN  ACT  to  exempt  leasehold  estates  and  improvements  thereon 
from  taxation  in  the  hands  of  the  lessee,  holding  under  incor- 
porated Institutions  of  learning  in  this  State,  when  the  rents 
therefor  are  used  purely  for  educational  purposes  by  said  insti- 
tutions, where  the  fee  in  the  same  is  exempt  for  taxation  to  said 
institution  by  charter  granted  by  the  State  of  Tennessee. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of 
the  State  of  Tennessee,  That  leasehold  estates  and  improve- 
ments thereon  shall  be  exempt  from  taxation  in  the  hands 
of  the  lessee,  holding  under  incorporated  institutions  of 
learning  in  this  State,  when  the  rents  therefor  are  used  by 
said  institutions  purely  for  educational  purposes,  where 
the  fee  in  the  same  is  exempt  from  taxation  to  said  institu- 
tions of  learning  by  charter  granted  by  the  State  of  Ten- 
nessee. 

SEC.  2.  Be  it  further  enacted*  That  all  laws  and  parts 
of  laws  in  conflict  with  the  provisions  of  this  Act  be,  and 
the  same  are  hereby,  repealed,  and  that  this  Act  take  effect 
from  and  after  its  passage,  the  public  welfare  requiring  it. 


Acts  1909.    Chapter  177. 


AN  ACT  to  promote  the  establishment,  organization,  and  efficiency 
of  free  public  libraries,  school  libraries,  traveling  libraries,  and 
other  libraries,  and  for  that  purpose  to  create  a  Free  Library 
Commission  and  define  its  powers  and  duties. 

Free  Library      SECTION  1.  Be  it  enacted  by  the  General  Assembly  of 

Commission.  9 

me  btate  of  Tennessee,  That  as  soon  as  practicable  after 
the  passage  of  this  Act  the  Governor  shall  appoint  three 
persons  for  terms  respectively  of  two,  four,  and  six  years, 
who,  with  the  State  Librarian  and  State  Superintendent 
of  Public  Instruction,  shall  constitute  the  Free  Library 
Commission;  and  appointments  shall  be  made  by  the  Gov- 
ernor to  fill  unexpired  terms. 

0  ^EC*  2*  Be  ^  further  enacted,  That  the  officers  of  such 
Commission  shall  be  a  Chairman,  to  be  elected  by  the  mem- 
bers thereof  from  among  themselves  for  a  term  of  one  year, 
and  a  Secretary,  not  from  their  own  number,  to  be  ap- 
pointed by  such  Commission,  who  shall  serve  at  the  will 
of  the  Commission  under  the  regulations  and  for  the  com- 
pensation prescribed  by  the  Commission.  The  Secretary 
shall  keep  a  permanent  record  of  the  proceedings  of  the 
Commission,  and  also  accurate  account  of  its  receipts,  ex- 
penditures, and  other  financial  transactions;  shall  have 
active  charge  of  the  work  imposed  on  the  Commission  by 
Section  3  of  this  Act,  and  shall  perform  such  other  duties 
as  are  imposed  on  him  by  the  Commission.  If  funds  be 
available,  the  Secretary,  in  addition  to  his  compensation, 
shall  be  allowed  his  actual  and  necessary  traveling  expenses 
when  on  official  business,  and  the  members  of  the  Commis- 
sion who  do  not  reside  in  Nashville  may  be  allowed  their 
traveling  expenses  to  and  from  Nashville  to  attend  meet- 
ings of  the  Commission,  and  any  member  may  be  allowed 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE.  67 

his  necessary  traveling  expenses  incurred  in  establishing 
and  visiting  libraries  in  this  State  under  the  order  of  the 
Commission.  Except  the  Secretary,  no  officer  or  member 
of  the  Commission  shall  be  allowed  any  compensation  for 
services  as  such. 

SEC.  3.  Be  it  further  enacted,  That  it  shall  be  the  duty  Dutles  of 

.     /  J  Commission. 

of  the  Commission  hereby  created  to  encourage  and  pro- 
mote the  establishment  throughout  the  State  of  free  public 
libraries,  school  libraries,  traveling  libraries,  and  other 
libraries,  and  aid  in  the  organization  and  administration 
thereof,  and  in  the  administration  of  libraries  already  es- 
tablished in  this  State.  For  this  purpose  the  Commission, 
when  opportunity  offers,  shall  give  information  and  advice 
to  all  communities  in  the  State  that  proposes  establishing 
such  libraries  as  to  the  best  methods  of  establishment,  or- 
ganization, and  administration;  and,  in  the  case  of  any 
library  already  established,  shall,  whenever  requested  by 
the  Librarian  or  Board  of  Directors  or  Trustees  thereof, 
furnish  like  assistants,  information,  and  advice  to  such 
library.  The  Commission  is  authorized  to  purchase  and 
accept  gifts  of  books,  periodicals,  and  traveling  libraries 
and  circulate  them  in  towns,  villages,  and  farming  and 
other  communities  where  needed,  it  being  the  purpose  of 
this  provision  to  make  practicable  in  small  communities, 
by  temporary  supplies  thereof,  such  reading  and  study  of 
good  books  and  periodicals  as  is  not  practicable  to  persons 
who  have  not  access  to  libraries. 

SEC.  4.  Be  it  further  enacted,  That  the  Commission  Meeting*, 
hereby  created  shall  hold  its  meetings  in  the  office  of  the 
State  Librarian,  and  its  Secretary  shall  be  allowed  the  use 
of  that  office  for  the  performance  of  his  duties.  The  Com- 
mission shall  hold  a  regular  annual  meeting  in  January 
of  each  year.  The  Chairman  may  and,  upon  the  written 
request  of  two  of  the  members,  shall,  call  a  meeting  at  any 
time  after  written  notice  thereof  to  all  the  members  by  the 
Secretary,  mailed  seven  days  in  advance  of  the  day  of 


68  PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

Quorum.  suc]1  meeting.  Three  members  shall  constitute  a  quorum 
for  the  transaction  of  business  at  its  annual  meeting,  the 
Chairman  shall  be  elected,  and  the  Commission  shall  pre- 
pare and  at  once  present  to  the  Governor  a  full  report  of 
its  operations  since  the  last  annual  meeting. 

SEC.  5.  Be  it  further  enacted,  That  this  Act  take  effect 
upon  and  after  its  passage,  the  public  welfare  requiring  it. 


Acts  1909.    Chapter  580. 


A  BILL  allowing  municipalities  or  counties  to  issue  and  sell  bonds 
for  the  purpose  of  purchasing  sites  and  erecting  and  equipping 
buildings  for  State  Normal  schools,  and  to  provide  for  the  pay- 
ment of  the  interest  on  the  said  bonds  and  for  a  sinking  fund 
with  which  to  retire  the  same,  and  to  provide  a  method  of 
loaning  said  sinking  fund,  and  to  provide  for  the  disposition  of 
the  funds  arising  from  the  said  sale  of  said  bonds. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of 
the  State  of  Tennessee,  That  any  municipality,  through 
its  Board  of  Mayor  and  Aldermen,  is  hereby  authorized 
to  issue  one  hundred  thousand  dollars  ($100,000)  of  five 
per  cent  or  less  interest-bearing  bonds,  or  such  part  thereof 
as  said  municipality  may  desire  to  issue  for  the  purpose 
of  purchasing  sites,  erecting  and  equipping  buildings  for 
State  Normal  schools;  and  that  any  county  in  the  State  of 
Tennessee  is  hereby  authorized,  through  its  County  Court 
at  quarterly  session,  to  issue  one  hundred  thousand  dollars 
($100,000)  five  per  cent  or  less  interest-bearing  bonds,  or 
such  part  thereof  as  said  county  may  desire  to  issue  for  the 
purpose  of  purchasing  sites,  erecting  and  equipping  build- 
ings for  State  Normal  schools. 

SEC.  2.  Be  it  further  enacted,  That  the  bonds  hereby  au- 
thorized, whether  issued  by  municipality  or  county,  shall 
bear  five  per  cent  or  less  rate  of  interest,  payable  semi- 
annually,  which  shall  be  represented  by  coupons  attached 
to  said  bonds,  and  said  bonds  shall  mature  and  become  pay- 
able in  not  more  than  twenty-five  years  from  the  date  of 
their  issuance. 

SEC.  3.  Be  it  further  enacted,  That  the  city,  through 
its  Board  of  Mayor  and  Aldermen,  and  the  county,  through 
its  County  Court  at  quarterly  session,  shall  have  the  right 
and  power  to  fix  the  date  upon  which  said  bonds  shall  be 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

issued,  the  number  of  said  bonds,  the  place  of  payment  of 
both  interest  and  principal,  the  time  the  semiannual  inter- 
est coupons  shall  fall  due,  the  numbering  of  the  coupons 
and  the  denominations  of  said  bonds,  the  method  and  ex- 
pense of  the  sale  of  said  bonds,  provided  said  sale  of  said 
bonds  shall  not  be  below  par;  and  that  upon  the  issuance 
of  said  bonds  they  shall  be  a  binding  obligation  and  debt 
on  said  municipality  or  county,  and  that  said  Board  of 
Mayor  and  Aldermen  or  said  Quarterly  County  Court 
shall  levy  annually  a  tax  on  all  the  taxable  property  of  said 
municipality  or  county  for  the  purpose  of  paying  the  in- 
terest on  said  bonds  as  it  becomes  due  and  to  create  a  sink- 
ing fund  with  which  to  retire  and  pay  off  said  bonds  when 
they  mature ;  and  in  counties  or  municipalities  having  no 
Sinking  Fund  Commission,  the  Mayor  of  said  municipal- 
ity, with  the  approval  of  the  Kecorder,  or  the  Judge  or 
Chairman  of  the  Quarterly  County  Court,  with  the  ap- 
proval of  the  County  Court  Clerk,  shall  loan  out  said  sink- 
ing fund  upon  first-mortgage  real  estate  security  for  not 
less  than  four  per  cent  per  annum,  payable  semiannually, 
and  in  amounts  not  exceeding  fifty  per  cent  of  the  cash 
value  of  the  real  estate  security,  the  interest  to  be  added 
semiannually  to  said  sinking  fund;  Provided,  that  said 
Mayor,  on  the  approval  of  said  Recorder,  or  the  County 
Judge  or  Chairman,  with  the  approval  of  the  County  Court 
Clerk,  may  purchase  bonds  at  not  more  than  par  value; 
Provided,  further,  that  said  issue  of  said  bonds  shall  be  for 
no  other  purpose  than  herein  expressed,  and  the  proceeds 
from  said  sale  of  said  bonds  shall  be  turned  over  to  the 
State  Comptroller  and  placed  to  the  credit  of  the  State 
Normal  schools  of  the  county  or  municipality  issuing  said 
bonds,  to  be  used  for  the  purpose  of  purchasing  sites,  erect- 
ing and  equipping  buildings  for  said  State  Normal  school 
of  said  county  or  municipality. 

SEC.  4.  Be  it  further  enacted,  That  said  bonds  and  in- 
terest coupons,  if  issued  by  a  municipality,  shall  bear  the 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

signature  of  the  Mayor,  attested  by  the  signature  of  the 
Recorder  of  said  city,  or  a  facsimile  of  their  signatures; 
and  the  said  bonds  and  interest  coupons  shall  bear  the 
signature,  if  issued  by  a  county,  of  the  County  Judge  or 
Chairman  of  the  County  Court,  and  shall  be  countersigned 
by  the  Clerk  of  said  court,  and  shall  have  on  them  the  offi- 
cial seal  of  said  Clerk. 

SEC.  5.  Be  it  further  enacted,  That  this  Act  take  effect 
from  and  after  its  passage,  the  public  welfare  requiring  it. 


Compulsory  School  Attendance. 


Consecutive 
attendance 
required. 


Exemptions. 


Temporary 
absence. 


ACTS  1909.     CHAPTER  494. 

A  BILL  to  be  entitled  An  Act  to  require  parents  and  guardians  to 
cause  children  between  certain  ages  to  attend  some  public  school 
for  a  certain  number  of  days  each  year,  except  under  certain 
conditions,  in  counties  of  certain  population. 

SECTION-  1.  Be  it  enacted  by  the  General  Assembly  of 
the  State  of  Tennessee,  That  any  parent,  guardian,  or  other 
person  legally  responsible  for  the  control  of  any  child  over 
eight  years  old  and  under  fourteen  years  old  in  Tennessee 
shall  cause  such  child  to  attend  some  public  school  at  least 
four  months  or  eighty  days  consecutively  each  year. 

Provided,  that  this  Act  shall  not  apply  in  any  case  in 
which  the  child  has  completed  with  a  fair  degree  of  thor- 
oughness the  subjects  required  by  law  to  be  taught  in  the 
primary  schools  of  the  State,  or  in  any  case  in  which  the 
child  has  been  instructed  in  these  subjects  or  equivalent 
subjects  not  less  than  eighty  days  in  that  year,  or  is  now 
being  instructed  in  such  subjects  in  any  private  or  pa- 
rochial school  or  at  home  by  any  person  capable  of  teach- 
ing these  branches,  or  in  any  case  in  which  the  child's  phys- 
ical or  mental  condition,  as  attested  by  any  competent 
physician,  renders  its  attendance  impracticable  or  inexpe- 
dient, or  in  any  case  in  which,  because  of  extreme  poverty, 
the  services  of  the  child  are  necessary  for  the  support  of  its 
parent  or  parents ;  and,  provided,  further,  that  the  Super- 
intendent, principal,  or  responsible  teacher  of  any  school 
may  excuse  any  child  for  temporary  absence  because  of 
unusual  storm  or  bad  weather,  sickness  or  death  in  the 
child's  family,  unforeseen  and  unavoidable  accidents,  or 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

the  observance  of  religious  festivals  and  holidays;  and, 
provided,  further,  that  the  Superintendent,  principal,  or 
responsible  teacher  of  any  school  may  excuse  any  child  for 
absence  for  other  cause  for  not  more  than  two  days  in  any 
school  month,  the  school  month  to  be  reckoned  in. periods 
of  four  weeks  from  the  beginning  of  the  session. 

SEC.  2.  Be  it  further  enacted,  That  any  parent,  guar- Penalty< 
dian,  or  other  person  subject  to  the  provisions  of  this  Act 
who  shall  fail  to  comply  with  the  provisions  thereof,  unless 
excused  or  exempt  therefrom  as  herein  provided,  shall  be 
guilty  of  a  misdemeanor,  and  shall,  upon  conviction,  be 
liable  for  the  first  offense  to  a  fine  of  one  dollar  for  each 
day  which  any  child  for  which  he  or  she  is  responsible  has 
been  absent;  Provided,  that  the  fine  for  any  first  offense 
may,  upon  payment  of  costs,  be  suspended  and  not  collected 
until  the  same  party  is  convicted  of  a  second  offense. 

SEC.  3.  Be  it  further  enacted,  That  when  the  annual  Records  to 

be  made. 

census  of  the  school  population  is  taken  as  required  by  law, 
the  full  name  and  the  age  of  each  child  and  the  full  name, 
the  place  of  residence  of  the  parent,  guardian,  or  other 
person  legally  responsible  for  the  control  of  the  child  shall 
be  reported,  and  the  Secretary  or  Clerk  or  any  Board  of 
Education  or  Board  of  County  or  District  School  Directors 
shall  at  the  beginning  of  the  school  term  furnish  to  the 
Superintendent,  principal,  or  teacher  in  charge  of  each 
school  of  which  said  Board  has  control  a  copy  of  the  census 
of  all  children  belonging  to  the  school  or  schools  of  which 
such  Superintendent,  principal,  or  teacher  is  in  charge. 

SEC.  4.  Be  it  further  enacted,  That  at  the  close  of  each  Dutle"  •' 

teachers. 

school  month  every  Superintendent,  principal,  or  teacher 
in  charge  of  any  public  school  or  schools  and  responsible 
for  reports  of  the  same  shall  transmit  to  the  Secretary  or 
Clerk  of  the  Board  of  Education  or  Board  of  County  or 
District  School  Directors  a  list  of  all  absences  of  children 
between  the  ages  of  eight  and  fourteen  years  that  have 


:  PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

occurred  during  the  month,  together  with  copies  of  such 
excuses  as  have  heen  offered  for  these  absences  by  parents, 
guardians,  or  other  persons  legally  responsible  for  the  con- 
trol of  the  children  that  have  been  absent,  and  also  a  state- 
ment as  to  which  excuses  have  been  accepted  as  valid ;  Pro- 
vided, that  such  reports  shall  be  made  on  suitable  blanks 
prepared  by  said  Board  of  Education  or  Board  of  District 
Directors,  the  form  for  which  blanks  shall  be  provided  by 
the  Superintendent  of  Public  Instruction  of  the  State. 

SEC.  5.  Be  it  further  enacted,  That  every  Superintend- 
ent, principal,  or  teacher  in  charge  of  any  public  school  or 
schools  shall  notify  the  parent,  guardian,  or  other  person 
legally  responsible  for  the  control  of  any  child  between  the 
ages  of  eight  and  fourteen  years  belonging  to  the  school  of 
the  absence  of  such  child,  and  such  notice  shall  be  given  in 
person  or  in  writing  within  three  days  after  the  absence 
occurs. 

suit  may  be  SKC.  6.  Be  it  further  enacted,  That  the  Secretary  or 
agahist  Clerk  of  any  Board  of  Education  or  Board  of  County  or 
parents,  District  School  Directors  shall  report  to  the  Board  at  each 

guardians, 

etc.  regular  meeting  all  lists  of  absences  and  all  excuses  re- 

ceived from  Superintendents,  principals,  and  teachers,  and 
shall  for  the  Board  and  in  the  name  of  the  State  bring  suit 
in  the  proper  court  against  any  parent,  guardian,  or  other 
responsible  person  in  any  case  in  which  said  Board  may, 
by  a  majority  vote,  order  suit  to  be  brought;  Provided, 
that  the  Board  of  Education  in  any  city  or  town  having  an 
independent  school  system  may,  at  its  discretion,  employ 
truant  officers  and  establish  and  maintain  truant  schools. 

SEC.  7.  Be  it  further  enacted,  That  the  cost  of  trial  and 
prosecution,  except  as  provided  for  in  Section  2  of  this 
Act,  shall  be  paid  out  of  the  public-school  fund  of  county, 
city,  town,  or  school  district  in  which  suit  originates,  and 
all  fines  shall  be  reported  to  the  Chairman  of  the  Board 
and  paid  to  the  Trustee  of  the  county,  who  shall  place  the 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

same  to  the  credit  of  the  school  fund  of  the  said  county, 
city,  or  town  or  school  district. 

The  following  c-.» unties  are  under  this  law  !>y  legislative 
action  of  1909: 

Clay,  Cumberland,  1'Vntress,  Grundy,  Hamblen,  Haw- 
kin-,  Ivnox,  London,  Morgan,  Macon,  Pickett,  Trousdale, 
Unicoi,  Washington. 

The  following  by  act  of  1911 :    Overton  and  White. 

The  following  have  compulsory  attendance  laws  of 
slightly  different  provisions  by  action  of  1911  : 

Anderson,  Blount,  Carter,  Claiborne,  Cocke,  Grainger, 
Greene,  Hancock,  Hardin,  Jefferson,  Johnson,  Marion, 
Scott,  Smith,  Union. 


75 


General  Education  Bill. 


ACTS  1909.     CHAPTER  264. 

AN  ACT  to  provide  for  the  improvement  of  the  system  of  Public 
Education  of  the  State  of  Tennessee— that  is  to  say,  to  establish 
a  General  Education  Fund  by  appropriating  thereto  annually 
twenty-five  per  cent  of  the  gross  revenue  of  the  State ;  to  pro- 
vide for  the  apportionment  of  this  fund  and  specifying  what 
part  shall  be  apportioned  to  the  several  counties  of  the  State  on 
the  basis  of  scholastic  population ;  what  part  shall  be  used  to 
equalize  more  nearly  the  school  facilities  of  the  several  counties, 
and  the  conditions  on  which  this  part  shall  be  apportioned; 
what  sum  shall  be  used  to  assist  in  paying  salaries  of  County 
Superintendents,  and  on  what  conditions ;  what  part  shall  be 
used  to  encourage  and  assist  in  the  establishment  and  mainten- 
ance of  public  county  high  schools,  and  on  what  conditions ; 
and  providing  for  the  grading  and  inspection  of  high  schools; 
what  part  shall  be  used  for  the  establishment  and  maintenance 
of  school  libraries  and  on  what  conditions;  what  part  shall  be 
used  for  the  establishment  and  maintenance  of  three  Normal 
schools  for  white  teachers,  one  in  each  Grand  Division  of  the 
State,  and  one  Agricultural  and  Industrial  Normal  School  for 
negroes,  and  providing  for  the  location,  establishment,  and  con- 
trol of  said  schools ;  and  what  part  shall  be  apportioned  to  the 
University  of  Tennessee  and  its  various  stations ;  and  to  repeal 
Chapter  537  of  the  Acts  of  1907. 

General  Edu-      SECTION  1.  Be  it  enacted  by  the  General  Assembly  of 

the  State  of  Tennessee,  That  for  the  purpose  of  improving, 

unifying,  and  extending  the  systems  of  Public  Education 

of  the  State  of  Tennessee,  for  the  purpose  of  giving  more 

adequate  support  to  public  schools  of  all  grades,  and  for 

the  purpose  of  extending  the  benefits  of  the  school  system 

more  equally  to  all  the  sections,  counties,  and  districts  of 

General  Edu-  the  State,  a  General  Education  Fund  shall  be,  and  the 

created.          same  is  hereby,  created,  and  for  the  year  one  thousand  nine 

hundred  and  nine  and  annually  thereafter  twenty-five  per 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


77 


cent  of  the  gross  revenue  of  the  State  shall  be  paid  into  this 
General  Education  Fund,  to  be  apportioned  as  hereinafter 
provided  ;  and  the  Comptroller  of  the  Treasury  shall  pass, 
and  he  is  hereby  directed  to  pass,  on  the  first  day  of  Janu- 
ary and  the  first  day  of  July  of  each  and  every  year,  to 
the  credit  of  said  General  Education  Fund,  the  amount 
due  thereto  according  to  the  provisions  of  this  Act,  and  to 
distribute  the  same  as  hereinafter  provided. 

SEC.  2.  Be  it  further  enacted,  That  sixty-one  per  centper  caflte 

apportion  - 

of  the  General  Education  JFund  provided  by  this  Act  shall  ment. 
be  apportioned  to  the  several  counties  of  the  State  accord- 
ing to  scholastic  population,  as  the  interest  on  the  perma- 
nent school  fund  is  apportioned  and  for  the  same  purposes. 
SEC.  3.  Be  it  further  enacted,  That  ten  per  cent  of  the  « 


General  Education  Fund  provided  by  this  Act  shall  be,  and  schools  in 
the  same  is  hereby,  set  aside  as  a  special  fund  to  be  used  counties. 
and  expended  for  the  purpose  of  more  nearly  equalizing 
the  common  schools  in  the  several  counties  of  the  State, 
the  same  to  be  apportioned  among  the  several  counties  of 
the  State  by  the  State  Board  of  Education  in  accordance 
with  the  provisions  hereinafter  set  forth. 

Provided,  that  before  any  county  shall  be  eligible  to  •••JJ 
ceive  any  portion  of  this  ten  per  cent  of  the  General  Edu-c«ive. 
cation  Fund  provided  by  this  Act,  it  shall  levy  for  public 
schools,  including  the  school  taxes  levied  by  the  State,  and 
excluding  taxes  for  public  high  schools,  a  lax  of  not  less 
than  forty  cents  on  each  hundred  dollars  of  taxable  prop- 
erty, a  tax  of  two  dollars  on  each  taxable  poll,  and  all  the 
privilege  taxes  which  the  laws  of  the  State  permit  counties 
to  levy  for  school  purposes;  and,  provided,  further,  that 
this  special  fund  of  ten  per  cent  of  the  General  Education 
Fund  provided  by  this  Act  shall  be  apportioned  among 
the  counties  of  the  State  that  comply  with  the  provisions 
of  this  section  of  this  Act  in  proportion  to  their  scholastic 
population  and  in  reverse  ratio  of  the  taxable  property  of 
the  several  counties  to  scholastic  population,  and  to  be  dis- 


78 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


Appropria- 
tion  to  sup- 
plement  sal- 
aries of  Coun- 
ty Superin- 
tendents. 


How  ob- 
tained. 


Reports   re- 
quired of 
County  Su- 
perintend- 
ents. 


tributed  as  other  school  funds  coming  into  the  Trustee's 
hands  are  distributed;  provided,  further,  that  before  any 
apportionment  of  this  ten  per  cent  is  made,  there  shall, 
for  the  year  1911  and  annually  thereafter,  first  be  deducted 
from  it  such  an  amount  as  may  be  necessary  to  pay  a  por- 
tion of  the  salaries  of  County  Superintendents  of  Public 
Instruction,  as  provided  in  Section  4  of  this  Act. 

SEC.  4.  Be  it  further  enacted,  That  for  the  year  one 
thousand  nine  hundred  and  eleven  and  annually  thereafter, 
before  appropriating  the  ten  percent  of  the  General  Edu- 
cation Fund  provided  in  Section  3  of  this  Act,  the  sum  of 
thirty-three  thousand  six  hundred  dollars  ($33,600)  of 
the  ten  per  cent  mentioned  in  Section  3  of  this  Act,  or  so 
much  thereof  as  may  be  required  by  the  provisions  of  this 
section,  shaU.be  set  aside  to  assist  the  several  counties  of 
the  State  to  pay  more  adequate  salaries  to  the  County 
Superintendents,  and  that  there  may  be  more  competent 
supervision  of  the  public  schools.  Each  county  in  the 
State  shall  receive  from  this  fund,  to  be  paid  on  the  salary 
of  the  County  Superintendent,  an  amount  equal  to  that 
which  is  paid  by  the  county ;  provided,  that  no  county  shall 
receive  from  this  fund  for  this  purpose  more  than  $350  in 
any  one  year;  provided,  further,  that  any  County  Super- 
intendent receiving  the  maximum  amount  ($350)  from 
this  fund  as  herein  provided  shall  devote  all  his  time  to 
the  duties  of  the  office  for  ,a  period  not  less  than  nine 
months  in  the  year,  and  he  may  be  required  to  devote  there- 
to all  his  time  for  the  entire  year. 

Provided,  further,  that  not  more  than  half  the  amount 
apportioned  to  any  county  under  the  provisions  of  this  sec- 
tion'of  this  Act  shall  be  paid  to  said  county  until  all  re- 
ports required  of  the  County  Superintendent  and  other 
county  school  officers  have  been  made  accurately  and  satis- 
factorily, and  until  all  other  duties  required  of  the  County 
Superintendent  by  law  have  been  faithfully  performed. 

All  funds  apportioned  to  any  county  under  the  provisions 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE.  79 

of  this  section  of  this  Act  shall  be  paid  by  the  Comptroller  ?tate,  Supei> 

L  A  Intendent  to 

on  the  certificate  of  the  State  Superintendent  of  Public  certify  to 
Instruction  and  as  ether  school  funds  are  paid. 

SEC.  5.  Be  it  further  enacted,  That  eight  per  cent  of 
the  General  Education  Fund  provided  by  this  Act  shall 
be  used  as  a  high-school  fund,  to  encourage  and  assist  the"s( 
counties  of  the  State  to  establish  and  maintain  public 
county  high  schools  as  hereinafter  provided. 

It  shall  be  the  duty  of  the  State  Board  of  Education  to 
grade  all  high  schools  now  established  and  maintained  or to  srade  hlsu 
that  in  the  future  may  be  established  and  maintained  under 
the  provisions  of  the  county  high-school  law;  to  prescribe 
their  minimum  courses  of  study,  requiring  the  elements 
of  agriculture  and  home  economics  to  be  taught  in  all 
schools;  and  to  classify  them  as  high,  schools  of  the  first, 
second,  and  third  class. 

Under  such  regulations  as  may  be  prescribed  by  the  regulations 
State  Board  of  Education,  all  qualified  public  county  high for  disburse- 

J          '     ment  of  hlgh- 

scnools  may  receive  assistance  from  the  fund  provided  by  school  fund, 
this  Act  and  this  section  of  this  Act  in  proportion  to  the 
amount  of  money  received  by  the  several  schools  from  other 
sources  and  expended  annually  for  the  payment  of  teach- 
ers' salaries  and  incidentals,  not  including  permanent  im- 
Iprovements  of  grounds  or  buildings;  provided,  that  no 
county  may  receive  in  any  one  year  more  than  one-fiftieth 
part  of  the  total  fund  provided  by  this  section  of  this  Act 
for  that  year,  and  that  no  one  school  shall  receive  from  this 
fund  more  than  one-third  the  amount  received  from  other 
sources  and  expended  in  that  year  for  its  maintenance,  not 
incuding  any  amount  expended  for  permanent  improve- 
ments. 

All  applications  for  assistance  under  the  provisions  of 
this  section  of  this  Act  shall  be  made  in  such  a  way  as  may 
be  prescribed  by  the  State  Board  of  Education,  and  all 
payments  shall  be  made  on  the  certificate  of  the  President 
and  Secretary  of  said  Board. 


80  ,  PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


^^  teachers  in  the  public  county  high  schools  receiving 
be  examined  aid  from  this  high-school  fund  under  the  provisions  of  this 
section  of  this  Act  shall  be  examined  and  licensed  under 
regulations  prescribed  by  the  State  Board  of  Education, 
and  said  Board  is  hereby  empowered  and  instructed  to 
make  rules  and  regulations  for  the  examination  and  licens- 
ing of  such  teachers.  The  State  Board  of  Education  shall 
have  the  power,  and  the  same  is  hereby  authorized,  to  em- 


inspector  of   ploy  an  Inspector  of  High  Schools  at  such  annual  salary 

high   schools.  F     * 

as  it  may  determine,  his  salary  and  traveling  expenses, 
when  engaged  in  the  work  of  high-school  inspection  or  the 
performance  of  other  related  duties  assigned  him  by  the 
State  Board  of  Education  to  be  paid  out  of  the  high-school 
fund  herein  provided.  Said  High  School  Inspector  shall 
have  his  office  in  the  office  of  the  State  Superintendent  of 
Public  Instruction,  and  shall  give  his  time  to  the  inspec- 
tion of  high  schools  in  the  State  and  such  other  related 
duties  as  may  be  assigned  him  by  the  State  Board  of  Edu- 
cation, and  shall  make  reports  of  his  work  and  of  the  condi- 
tions of  the  high  schools  of  the  State  as  required  and  di- 
rected by  said  Board. 

Surplus  to          Any  portion  of  the  high-school  fund  of  any  year  pro- 
capita  appor-  vided  by  this  Act  and  this  section  of  this  Act  that  cannot 
ke  apportioned  to  the  public  high  schools  of  the  State  with- 
out exceeding  the  ratio  to  income  of  such  schools  as  pro- 
vided in  this  section  of  this  Act  shall  revert  to  the  school 
fund  provided  in  Section  2  of  this  Act  and  be  apportioned 
as  therein  provided. 
public  school      g        6    Se  jt  furtiier  enacted,  That  one  per  cent  of  the 

library    fund. 

General  Education  Fund  provided  by  this  Act  shall  be  used 
to  encourage  and  assist  in  the  establishment  and  mainte- 
nance of  libraries  in  the  public  schools  as  herein  provided. 
Whenever  the  patrons  and  friends  of  any  public  school 
in  any  county  of  the  State  shall  raise  by  private  subscrip- 
tion or  otherwise  and  tender  to  the  County  Trustee, 
through  the  County  Superintendent  of  Public  Instruction, 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


81 


the  sum  of  twenty  dollars  ($20)  or  more  for  the  establish- 
ment and  maintenance  of  a  library  for  that  school,  said 
County  Superintendent  shall  notify  the  State  Superintend- 
ent of  Public  Instruction,  and,  upon  the  certificate  of  the 
State  Superintendent  of  Public  Instruction,  the  Comp- 
troller of  the  Treasury  shall  pay  to  the  Trustee  of  said 
county,  out  of  the  fund  herein  provided,  a  sum  equal  to 
half  that  raised  by  private  subscription  or  otherwise,  to  be 
added  to  the  library  fund  of  said  school  ;  and  whenever  ten 
dollars  ($10)  or  more  shall  be  raised  by  private  subscrip- 
tion or  otherwise  to  supplement  a  library  already  established 
under  the  provisions  of  this  section  of  this  Act,  said  library 
may  in  like  manner  receive  from  the  fund  herein  provided 
a  sum  equal  to  half  the  sum  so  raised. 

Provided,  that  no  school  shall  receive  in  any  one  year 
from  this  fund  more  than  twenty  dollars  ($20)  for  the  es- 
tablishment of  a  new  library,  or  more  than  ten  dollars 
($10)  to  assist  in  supplementing  a  library  already  estab- 
lished. 

Provided,  further,  that  in  distributing  the  funds  under 
the  provisions  of  this  section  of  this  Act  preference  shall 
be  given  to  applications  coming  from  counties  which  have 
not  previously  received  their  proportionate  part  of  this 
fund  according  to  scholastic  population. 

And,  provided,  further,  that  preference  shall  be  given 
to  applications  for  assistance  to  establish  new  libraries 
rather  than  applications  to  assist  in  supplementing  libraries 
already  established. 

It  shall  be  the  duty  of  the  State  Board  of  Education  to  state  Board 

T  *°     l88UC     ftP- 

make  and  cause  to  be  published  through  the  office  of  the  proved  list 
State  Superintendent  of  Public  Instruction  rules  and  regu-  of  books- 
lations  for  libraries  established  under  the  provisions  of  this 
section   of  this  Act,   issue  approved  lists  of  books  from 
which    purchases   for   said    libraries    may    be   made   with 
money  received  from  the  State  as  herein  provided,  and  ar- 
range for  the  purchase  of  such  books  at  the  lowest  possible 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

prices.  All  libraries  receiving  assistance  from  this  fund 
shall  comply  with  all  the  regulations  made  hy  the  State 
Board  of  Education,  as  herein  provided.  All  money  re- 
ceived from  the  State  to  assist  in  establishing  or  supple- 
menting a  library  under  the  provisions  of  this  section  shall 
be  used  to  purchase  books  on  the  approved  lists  aforesaid, 
and  no  books  shall  be  purchased  at  a  higher  price  than  the 
price  in  said  approved  lists.  All  purchases  of  books  shall 
be  reported  to  the  County  Superintendent,  and  a  list  of 
the  same  shall  be  attached  to  the  warrant  issued  in  pay- 
ment of  the  same;  and  no  commission  shall  be  allowed 
the  County  Trustee  on  library  funds. 

circulating  One-fifth  of  the  amount  accruing  annually  for  school 
libraries  under  the  provisions  of  this  Act  may  be  used  for 
the  purchase  and  m'aintenance  of  circulating  libraries  for 
the  public  schools  of  the  State  under  the  joint  direction  of 
the  State  Library  and  the  Department  of  Public  Instruc- 
tion. 

SEC'  1'  Be  ^  further  enacted,  That  thirteen  per  cent 
of  the  General  Education  Fund  provided  by  this  Act  may 
be  used  for  the  establishment  and  maintenance  of  Normal 
schools  solely  for  the  education  and  professional  training 
of  teachers  for  the  elementary  schools  of  the  State,  as  herein 
provided.  One  Normal  school  for  the  education  and  pro- 
fessional training  of  white  teachers  shall  be  established  and 
maintained  in  each  Grand  Division  of  the  State,  and  shall 
be  open  and  free  alike  to  white  males  and  females  resident 
in  the  State  of  Tennessee ;  and  one  Agricultural  and  Indus- 
trial Normal  School  for  the  industrial  education  of 
negroes  and  for  preparing  negro  teachers  for  com- 
mon schools  shall  be  established  and  maintained, 
and  shall  be  open  and  free  alike  to  negro  males  and  fe- 
males resident  in  the  State  of  Tennessee;  but  no  person 
shall  be  admitted  to  either  of  these  schools  who  is  under 
sixteen  years  of  age  and  who  has  not  finished  at  least  the 
elementary  school  course  prescribed  for  the  public  schools 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE.  83 

of  the  State;  nor  shall  any  person  be  admitted  to  either 
of  the  Normal  schools  for  white  teachers  who  does  not  first 
sign  a  pledge  to  teach  in  the  public  or  private  schools  of 
the  State  of  Tennessee,  within  the  next  six  years  after 
leaving  the  school,  at  least  as  long  as  he  or  she  has  attended 
said  school. 

Each  school  established  and  maintained  under  the  pro- 
visions of  this  section  of  this  Act  shall  have  connected  with 
it  one  or  more  practice  and  observation  schools,  in  which 
shall  be  taught  at  least  all  the  subjects  prescribed  for  the 
primary  schools  of  the  State;  and  the  County  Boards  of 
Education  of  any  county,  or  the  District  Directors  of  any 
school  district,  or  the  Board  of  Education  of  any  incor- 
porated city  or  town  having  a  special  school  system  under 
the  provisions  of  its  charter  may,  and  the  same  is  hereby 
empowered  to,  contract  with  the  State  Board  of  Education 
to  provide  for  the  teaching  of  children  of  public-school  age 
in  such  practice  and  observation  schools,  and  to  pay  to  the 
said  Normal  school  all  or  any  portion  of  the  public-school 
fund  belonging  to  such  county,  district,  or  incorporated 
city  or  town,  as  agreed  upon  by  the  school  authorities  of 
said  county,  school  district,  or  incorporated  city  or  town, 
and  the  State  Board  of  Education,  as  in  the  case  of  con- 
solidated schools  under  the  provisions  of  the  State  school 
law. 

The  principals  and  instructors  in  the  Normal  schools  for 
the  education  and  training  of  white  teachers  may  be  re- 
quired to  assist  in  conducting  Teachers'  Institutes  in  any 
of  the  counties  of  the  Grand  Division  of  the  State  in  which 
said  school  is  located. 

Provided,  that  no  principal  or  instructor  may  be  thus 
required  to  assist  in  institutes  more  than  six  weeks  in  any 
one  year. 

Provided,  further,  that  no  more  than  two  members  of 
the  faculty  of  any  Normal  school  may  be  required  to  be 
absent  from  the  school  for  this  purpose  at  the  same  time. 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


State  Nor- 
mal  School 
graduates 
licensed   to 
teach. 


Course  of 
study. 


And,  provided,  further,  that  all  such  service  shall  be  per- 
formed without  additional  pay,  except  that  necessary  trav- 
eling expenses  and  hotel  hills  while  engaged  in  this  service 
shall  be  paid  out  of  the  funds  of  the  Normal  school. 

A  certificate  of  graduation  from  any  one  of  the  said 
Normal  schools  shall  entitle  the  holder  thereof  to  teach  in 
any  of  the  public  schools  of  the  State  without  further  ex- 
amination for  a  period  of  four  years  from  the  date  of  such 
certificate.  Any  such  graduate  who  completes  within  the 
said  period  of  four  years  such  additional  courses  of  reading 
and  study  as  may  be  prescribed  by  the  State  Board  of  Edu- 
cation and  shall  pass  the  required  examinations  in  the 
same  and  has  proven  his  ability  as  a  teacher  by  teaching 
acceptably  not  less  than  fifteen  months  within  this  period 
may,  upon  application,  be  granted  a  permanent  license  to 
teach  in  any  of  the  public  elementary  schools  of  the  State. 

The  course  of  study  and  the  rules  and  regulations  shall 
be  the  same  for  all  the  said  Normal  schools,  with  such 
minor  modifications  for  any  school  as  may  be  required  by 
local  conditions ;  provided,  that  such  courses  of  study  shall 
include  instruction  in  ordinary  English  branches,  in  vocal 
music,  drawing,  domestic  science,  manual  training;  ele- 
tnents  of  chemistry,  physics,  and  biology;  the  elementary 
principles  of  agriculture,  horticulture,  and  home  econom- 
ics; and  in  the  history,  principles,  and  methods  of  educa- 
tion; and,  provided,  further,  that  the  courses  of  study  for 
the  Agricultural  and  Industrial  Normal  School  for  negroes 
shall  be  of  such  practical  nature  as  to  fit  the  conditions 
and  needs  of  their  race. 

Management.  The  general  management  and  control  of  all  Normal 
schools  established  and  maintained  under  the  provisions 
of  this  section  of  this  Act  shall  be  vested  in  the  State  Board 
of  Education ;  and  the  said  State  Board  of  Education  shall 
have  power  to  employ  a  bookkeeper,  whose  duty  it  shall 
be  to  keep  the  accounts  of  the  Normal-school  funds  as  di- 
rected by  the  Board,  and  the  salary  shall  be  fixed  by  the 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


85 


Board  and  paid  out  of  the  Normal-school  fund  herein  pro- 
vided before  its  apportionment  to  the  several  schools  and 
on  the  warrant  of  the  Comptroller. 

All  schools  established  under  the  provisions  of  this  sec- 
tion  of  this  Act  shall  be  located  by  the  State  Board  of  Edu- 
cation ;  and  in  making  such  locations,  said  Board  shall  take 
into  consideration  accessibility,  centralness  of  position, 
healthfulness  of  location,  cheapness  of  living,  opportuni- 
ties for  arranging  for  suitable  practice  and  observation 
schools,  and  the  value  and  usefulness  of  offers  of  donations 
of  grounds,  buildings,  money,  etc. 

In  addition  to  any  accepted  donations  of  land,  money, 
or  buildings,  the  income  from  the  fund  provided  by  this 
Act  and  this  section  of  this  Act  for  the  years  one  thousand 
nine  hundred  and  nine  and  one  thousand  nine  hundred  and 
ten  or  any  portion  of  the  same  may  be  used  for  buildings 
and  equipment. 

One-seventh  of  all  the  funds  derived  in  any  year  from***11001  for 

V  V  , __ 

the  provisions  of  this  Act  and  this  section  of  this  Act  shall 
be  apportioned  to  the  Agricultural  and  Industrial  Normal 
School  established  for  the  education  and  training  of  ne- 
groes, and  the  remaining  six-sevenths  shall  be  apportioned 
equally  among  the  schools  established  and  maintained  for 
the  education  and  training  of  white  teachers  in  the  three 
Grand  Divisions  of  the  State;  but  all  moneys  received  by 
any  one  of  the  Normal  schools  established  and  maintained 
under  the  provisions  of  this  Act  from  any  other  source 
than  from  the  fund  herein  provided  to  be  paid  out  of  the 
CTOSS  revenue  of  the  State  shall,  under  the  direction  of  thp. 
State  Board  of  Education,  be  accounted  for  and  paid  into 
the  treasury  of  the  State,  to  be  placed  to  the  credit  of  said 
school. 

It  shall  be  the  duty  of  the  Governor  of  the  State  to  call 
a  meeting  of  the  State  Board  of  Education  within  sixty 
days  after  the  passage  of  this  Act  for  the  purpose  of  taking 
such  steps  as  may  be  necessary  to  carry  out  the  provisions 


negroes. 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

of  this  Act,  looking  to  the  location  and  establishment  of 
these  schools,  and  to  the  opening  of  the  same  at  the  earliest 
date  practicable. 

Disburse-  All  disbursements  of  money  under  the  provisions  of  this 

funds.0  section  of  this  Act  shall  be  made  on  the  certificate  of  the 
President  and  Secretary  of  the  State  Board  of  Education, 
by  the  Comptroller  of  the  Treasury,  in  the  manner  pre- 
scribed by  law  for  the  disbursement  of  money  to  charitable 
institutions. 

university  of  gEC<  g.  Be  it  further  enacted,  That  for  the  year  one 
appropria-  thousand  nine  hundred  and  nine  and  annually  thereafter 
seven  per  cent  of  the  General  Education  Fund  provided  by 
this  Act  shall  be,  and  the  same  is  hereby,  appropriated  to 
the  University  of  Tennessee,  to  be  used  for  the  mainte- 
nance and  improvement  of  the  same,  as  the  head  of  the 
public-school  system  of  the  State,  as  the  General  Assembly 
of  the  State  may  from  time  to  time  direct  by  resolution  or 
enactment,  or  as  the  Board  of  Trustees  of  said  University 
may  elect. 

Experiment  Provided,  that  ten  per  cent,  but  not  less  than  ten  thou- 
sand dollars  ($10,000)  annually,  of  the  amount  herein 
apportioned  to  the  University  of  Tennessee  shall  be  used 
for  the  maintenance  of  the  Agricultural  and  Horticultural 
Experiment  Station  and  Model  Farm,  located  in  West 
Tennessee,  and  five  per  cent,  but  not  less  than  five  thou- 
sand dollars  annually,  for  the  maintenance  of  cooperative 
agricultural  experiments  in  Middle  Tennessee. 

Traveling  ex-  Provided,  further,  that  an  amount  not  exceeding  five 
students.  per  cent  of  the  sum  apportioned  annually  to  the  University 
may  be  used  to  pay  the  traveling  expenses  of  young  men 
and  women  of  Tennessee  attending  the  University,  under 
such  rules  and  regulations  as  the  Board  of  Trustees  of  said 
University  may  adopt,  but  the  traveling  expenses  of  no 
student  shall  be  paid  who  does  not  remain  through  the 
entire  school  year,  nor  shall  the  expenses  of  any  student 
be  paid  more  than  once  each  way  in  any  year. 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


87 


Provided,  further,  that  tuition  in  the  academic,  engineer-  Scholarship., 
ing,  agricultural,  and  educational  departments  of  the  Uni- 
versity shall  be  free  to  all  qualified  white  students  who  are 
citizens  of  the  State  of  Tennessee,  or  whose  parents  or 
guardians  are  citizens  of  the  State  of  Tennessee ;  but  noth- 
ing in  this  section  of  this  Act  shall  be  construed  in  such 
way  as  to  affect  or  modify  the  existing  laws  in  regard  to 
State  scholarship  students  of  African  descent  in  the  Indus- 
trial Department  of  said  University. 

SEC.  9.  Be  it  further  enacted,  That  all  schools  receiving  Reports  to 

be  made  to 

assistance  under  the  provisions  of  this  Act  shall  be  recog- state  super- 

nized  as  essential  parts  of  the  system  of  Public  Education ln 

of  the  State  of  Tennessee,  and  annually,  on  or  before  the 

first  day  of  August,  the  proper  authorities  of  each  shall 

submit  to  the  State  Superintendent  of  Public  Instruction 

a  report  in  regard  to  the  work,  development,  and  progress 

of  the  school  during  the  year  ending  with  the  thirtieth  day 

of  June  next  preceding,  and  a  clear  and  itemized  statement 

of  all  receipts  and  expenditures  for  the  same  period. 

SEC.  10.  Be  it  further  enacted,  That  Chapter  537  of  the 
Acts  of  1907  and  all  laws  and  all  parts  of  laws  in  conflict 
with  this  Act  shall  be,  and  the  same  are  hereby,  repealed. 

SEC.  11.  Be  it  further  enacted,  That  this  Act  shall  take  ' 
effect  from  and  after  its  passage,  the  public  welfare  requir- 
ing it. 


School  Bonds. 


ACTS  1911.     CHAPTER  60. 

AN  ACT  to  authorize  the  Quarterly  County  Courts  of  the  several 
counties  of  the  State,  except  in  counties  of  190,000  population 
or  over  according  to  the  Federal  census  of  1910  or  any  subse- 
quent Federal  census,  to  issue  and  sell  coupon  bonds  to  pur- 
chase school  property,  school  sites;  to  erect,  furnish,  equip, 
and  repair  school  buildings;  and  to  fix  the  denominations  of 
said  bonds,  and  to  provide  for  the  payment  of  the  interest  on 
the  same,  and  for  a  sinking  fund  with  which  to  retire  the  same, 
and  to  provide  a  method  for  loaning  said  sinking  fund;  and  to 
further  provide  for  the  distribution  of  the  money  raised  by  the 
sale  of  said  bonds  between  the  counties  and  cities. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly 
of  the  State  of  Tennesseef  That  the  various  counties  of 
the  State,  except  in  counties  of  190,000  population  or 
over,  according  to  the  Federal  census  of  1910  or  any  sub- 
sequent Federal  census,  through  their  respective  Quar- 
terly County  Courts,  be,  and  they  are,  hereby  authorized 
and  empowered  to  issue  and  sell  bonds  for  the  purposes 
and  in  the  manner  hereinafter  provided. 

interest.  SEC.  2.     Be  it  further  enacted,  That  the  bonds  shall 

be  known  as  "School  bonds,"  and  shall  bear  interest  at 
the  rate  of  not  exceeding  5  per  cent  per  annum,  payable 
semiannually,  and  said  bonds  to  be  due  and  payable  in 
not  more  than  twenty-five  years  from  the  date  of  their 
issuance,  and  to  be  sold  for  not  less  than  par. 

SEC.  3.  Be  it  further  enacted,  That  each  of  said  bonds 
shall  be  signed  by  the  Judge  or  Chairman  of  the  County 
'Court  and  countersigned  by  the  County  Court  Clerk  with 
the  official  seal  of  the  latter  attached  thereto,  and  said 
bonds  shall  each  have  attached  to  them  coupons  for  the 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


89 


semiannual  interest  upon  the  same  for  each  of  the  years 
they  have  to  run,  showing  on  their  face  the  number  and 
amount  of  bonds  to  which  they  are  attached,  the  amount 
of  each  semiannual  installment  of  interest  on  said  bond, 
and  when  the  same  shall  be  due,  which  coupons  shall 
be  signed  in  the  same  manner  as  said  bonds,  except  that 
the  seal  of  the  County  Court  Clerk  need  not  be  affixed 
thereto,  and  the  signature  of  the  County  Judge  or  Chair- 
man and  the  Clerk  of  said  County  Court  may  be  litho- 
graphed on  said  coupon. 

SEC.  4.  Be  it  further  enacted,  That  said  bonds  may 
be  issued  in  denominations  of  not  less  than  one  hundred 
($100)  dollars  nor  more  than  one  hundred  thousand 
($100,000)  dollars.  The  bonds  of  each  denomination 
shall  be  numbered  consecutively,  beginning  at  one,  and 
shall  recite  on  their  face  that  they  are  issued  in  pursu- 
ance of  this  Act,  and  this  Act  may  be  printed  on  the  back 
of  said  bonds,  and  said  bonds  shall  be  payable  in  the  law- 
ful currency  of  the  United  States  at  such  time  not  to  ex- 
ceed twenty-five  years  from  the  date  of  their  issuance, 
and  at  such  place  and  for  such  amounts  as  the  purchasers 
and  representatives  of  the  Quarterly  County  Court,  as 
herein  designated,  shall  determine. 

SEC.  5.  Be  it  further  enacted,  That  said  bonds  shall 8old  for  cash" 
be  sold  for  cash  by  the  Chairman  or  Judge  of  said  County 
Court;  Provided,  that  the  sale  shall  be  advertised  for  a 
period  of  not  less  than  thirty  days  next  preceding  the  date 
of  said  sale,  and  that  no  bond  shall  be  sold  for  less  than 
par  value;  Provided,  however,  that  the  said  Quarterly 
County  Courts  are  authorized  to  pay  the  necessary  ex- 
penses in  the  issuance  and  sale  of  said  bonds. 

SEC.  6.     Be  it  further  enacted,  That  the  money  arising  Funds  kept 
from  said  sale  of  school  bonds  shall  be  turned  over  to  the*6 
Trustee  of  said  county,  and  shall  be  kept  separate  and 
apart  from  all  the  other  funds,  and  shall  be  paid  out  only 


90  PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

for  the  purposes  and  in  the  manner  hereinafter  provided, 
and  said  Trustee  shall  be  allowed  no  commission  for  re- 
ceiving or  disbursing  said  funds. 

SEC.  7.  Be  it  further  enacted,  That  the  counties  hav- 
ing a  city  or  cities  operating  schools  independent  of  said 
county,  the  Trustee  of  said  county  shall  pay  over  to  the 
Treasurer  of  said  city  that  amount  of  said  funds  which 
shall  bear  the  same  ratio  to  the  entire  amount  arising 
from  the  provisions  of  this  Act  as  the  scholastic  popula- 
tion of  said  city  or  cities  bears  to  the  entire  scholastic 
population  of  said  county;  Provided,  however,  that  the 
said  funds  paid  over  to  the  said  City  Treasurer  shall  be 
kept  separate  from  all  other  funds  in  the  manner  and  for 
the  purposes  herein  provided  for  said  county  funds  to  be 
used. 

Annual  sink-  SEC.  8.  Be  it  further  enacted,  That  upon  the  issuance 
of  said  bonds  they  shall  be  a  binding  obligation  and  debt 
upon  the  said  county,  and  that  the  Quarterly  County 
Court  of  said  county  shall  levy  annually  a  tax  on  all  the 
taxable  property  of  said  county  for  the  purpose  of  pay- 
ing interest  on  said  bonds  as  it  becomes  due  and  to  create 
a  sinking  fund  with  which  to  retire  and  pay  off  said  bonds 
when  they  mature,  and  in  counties  having  no  sinking 
fund  commission  the  County  Judge  or  Chairman  of  the 
County  Court  shall  loan  out  said  school  bond  sinking 
fund  upon  first  mortgage  real  estate  security,  approved 
by  the  County  Court  Clerk  and  County  Superintendent 
of  Schools. 

SEC.  9.  Be  it  further  enacted,  That  said  County  Judge 
or  Chairman  may  purchase  bonds  at  not  more  than  par 
value  on  approval  of  said  County  Court  Clerk  and  County 
Superintendent;  Provided,  further,  that  said  school  bond 
sinking  fund  shall  not  be  loaned  for  a  less  rate  of  interest 
than  the  rate  of  interest  on  the  bonds  themselves,  and  in 
amounts  not  exceeding  50  per  cent  of  the  value  of  the 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


real  estate  security,  the  interest  to  be  added  semiannually 
to  said  sinking  fund. 

SEC.  10.     Be  it  further  enacted,  That  the  proceeds  of          f 

1  '  f  school  fund. 

said  sale  of  said  bonds  shall  constitute  a  special  fund  to 
be  known  as  "Special  School  Fund,"  which  shall  be  kept 
by  the  Trustee  of  said  county  and  the  Treasurer  of  said 
city  schools  separate  and  apart  from  all  other  funds  and 
shall  be  applied  exclusively  to  purchase  property  for  school 
purposes,  to  purchase  sites  for  school  buildings,  to  erect 
or  repair  school  buildings  and  to  furnish  and  equip  school 
buildings,  and  to  be  used  for  no  other  purposes  by  the 
County  Board  of  Education  of  said  county  or  by  the  City 
Board  of  Education,  which  said  City  Board  shall  have  a 
right  to  draw  warrants  on  said  funds  for  said  purposes 
only. 

SEC.  11.  Be  it  further  enacted,  That  said  bonds  may 
be  issued  by  the  Quarterly  County  Court  of  any  county 
in  this  State  by  resolution  by  a  majority  of  said  members 
of  said  Quarterly  County  Court  at  any^  regular  meeting 
thereof;  Provided,  however,  that  said  county  shall  not 
issue  an  amount  of  bonds  to  exceed  3  per  cent  of  the  value 
of  the  taxable  property  for  said  county. 

SEC  12.  Be  it  further  enacted,  That  the  County  Judge  Bond  redemp- 
or  Chairman  of  said  county  shall  give  within  sixty  days 
immediately  preceding  maturity  of  said  bonds  or  any  of 
them  notice  to  the  holders  thereof  through  some  news- 
paper published  in  the  county  seat  of  said  county  for  a 
period  of  thirty  days,  stating  in  said  notice  the  numbers 
of  said  bonds  and  when  they  shall  become  due,  requesting 
that  they  shall  be  presented  for  payment  or  redemption  on 
said  date  at  the  place  designated  in  said  bonds;  and  if 
said  bonds  are  not  presented  for  payment  or  redemption 
at  the  time  and  place  so  designated,  then  the  interest 
thereon  shall  cease. 

SEC.  13.     Be  it  further  enacted,  That  said  bonds  shall 


tlon. 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 

not  be  issued  for  any  other  purpose  than  herein  expressed, 
and  that  said  bonds  shall  be  exempt  from  taxation  for 
State,  county,  and  municipal  purposes  in  Tennessee. 

SEC.  14.  Be  it  further  enacted,  That  all  laws  or  parts 
of  laws  in  conflict  with  this  Act  be,  and  the  same  are, 
hereby  repealed,  and  that  this  Act  shall  take  effect  from 
and  after  its  passage,  the  public  welfare  requiring  it. 

Passed  February  16,  1911. 

~N.  BAXTER,  JR., 
Speaker  of  the  Senate. 

A.  M.  LEACH, 
Speaker  of  the  House  of  Representatives. 

Approved  July  3,  1911. 

BEN  W.  HOOPER, 

Governor. 


lassified  List  of  Decisions  of  the  Supreme 
Court  Construing  the  School  Laws. 


I.— STATE  SUPERINTENDENT. 

Suit  to  recover  counsel  fees  illegally  paid  out  of  county  school  funds 
may  be  prosecuted  by  State  Superintendent  of  Public  Instruc- 
tion.— State  v.  H.  C.  True,  8  Gates,  294. 

The  power  to  employ  counsel  and  procure  a  suit  to  be  brought  to  pre- 
vent a  misappropriation  of  public  school  funds  In  the  hands  of 
the  County  Trustee  is  vested  in  the  State  Superintendent  of 
Public  Instruction,  and  not  in  the  Quarterly  Court. — State  v. 
True,  8  Gates,  309,  310. 

II.— COUNTY  SUPERINTENDENT. 

Decision  of  County  Court  final  in  fixing  salary. — 6  Lea,  501,  Halle  r. 
Young. 

III.— DISTRICT  DIRECTORS. 

Election — Illegal  Directors. — 12  Lea,  486,  Meadows  v.  Nesbitt. 

Election  of  Di  ectors. — See  cases  Nollle  Roberts  v.  Len  K.  Hart,  Trus- 
tee; Banks  v.  Burkhalter,  from  Davidson  County.  21  and  22 
Pickle. 

Contested  Election — County  Court  Decides. — 12  Lea,  30,  State  v.  Burch- 
fleld. 

Removal  from  Office. — 3  Tenn.  Ch.  Rep.,  177,  State  v.  Leonard. 

Contracts  with,  and  pay  and  dismissal  of  teachers. — 5  Lea,  526,  Parker 
v.  School  District;  12  Lea,  486,  Meadows  v.  Nesbitt;  10  Lea,  344, 
Crawley  v.  Leonard;  10  Lea,  219,  Morley  v.  Power;  5  Lea,  692, 
Morley  v.  Power;  5  Lea,  265,  Bayless  v.  Driskell. 

Violation  of  Section  19  of  School  laws  a  misdemeanor. — 9  Baxter,  659, 
State  v.  Keeton. 

Power  to  regulate  the  suspension  or  dismissal  of  pupils.— 5  Lea,  526, 
Parker  v.  School  District. 

Directors  contract  with  teachers. — See  cases  Nollie  Roberts  v.  Len  K. 
Hart,  Trustee;  Banks  v.  Burkhalter,  from  Davidson  County.  21 
and  22  Pickle. 

Liability  of  school  directors  for  loss  of  school  funds. — See  Code,  sec. 
1426;  Finney  v.  Garner,  2  Gates,  67,  74. 

Suit  against  school  directors  for  loss  of  school  fund  may  be  brought 
in  whose  name. — Finney  v.  Garner,  2  Gates,  67-74. 


94  PUBLIC   SCHOOL   LAWS    OF    TENNESSEE. 

IV. — TEACHERS. 

Power  of  Directors  to  employ,  control,  and  dismiss  teachers,  (See 
Directors.) — 5  Lea,  692,  Morley  v.  Power;  5  Lea,  526,  Parker  v. 
School  District;  10  Lea,  219,  Morley  v.  Power;  10  Lea,  344, 
Crawley  v.  Leonard;  12  Lea,  486,  Meadows  v.  Nesbitt;  9  Baxter, 
559;  State  v.  Keeton,  13  Pickle,  489,  490,  494. 

Teachers'  contract  with  directors. — See  cases  Nollie  Roberts  v.  Len  K. 
Hart,  Trustee;  Banks  v.  Burkhalter,  from  Davidson  County.  21 
and  22  Pickle. 

Employment  of  minors. — 12  Lea,  30,  State  v.  Burchfleld. 

Pay  of  teachers. — 10  Lea,  219,  Morley  v.  Power;  10  Lea,  344,  Crawley 
v.  Leonard;  5  Lea,  265,  Bayless  v.  Driskell;  6  Lea,  274,  Bank  v. 
Baber. 

Power  of  teachers  to  suspend  and  punish  pupils. — 3  Head,  425,  Ander- 
son v.  State;  5  Lea,  526,  Parker  v.  School  District;  3  Leg.  Rep., 
19,  State  v.  Von  Strans. 

NOTE. — The  power  to    employ  teachers  for    schools  beginning    after  July  1, 
1907,  Is  vested  in    the  County    Board  of    Education    and  not  in    directors  now 
in  office. 

V.— SCHOOL  DISTRICTS. 

Debt  of  Directors  binds  successors,  although  district  organization 
Changed. — 3  Tenn.  Ch.  Rep.,  556.  Shankland  v.  Phillips;  6  Lea, 
273,  Bank  v.  Baber. 

NOTE. — Since  the  decision  in  the  case  of  Rodemer  v.  Mitchell,  6  Pickle,  65,  the 
Legislature  of  1891  has,  by  statute,  empowered  the  County  Court  to  create  new 
school  districts. 

School  districts,  citizens,  taxpayers,  etc.,  can  maintain  an  action  for 
illegal  distribution  of  the  school  funds. — State  v.  True,  8  Cates, 
311. 

VI.— COUNTY    TRUSTEE. 

Liability — 5  Lea,  265,  Bayless  v.  Driskell;  6  Lea,  276,  Bank  v.  Baber. 
May  be  sued. — 9  Lea,  168,  Bedwell  v.  Jones;  14  Lea,  536,  Jernegan  v. 
Gray. 

VII.— SCHOOL  TAXES. 

County  Court  may  levy  tax  equal  to  entire  State  tax  at  any  term  of 
Court. — 5  Lea,  708,  Railroad  v.  Franklin  County;  7  Lea,  309, 
Bright  v.  Holloman. 


PUBLIC    SCHOOL    LAWS    OF    TENNESSEE. 


VIII.— PUBLIC  SCHOOL  FUNDS. 

Statute  for  collection  and  disbursement  of  public  school  funds  is  not 
unconstitutional  as  embracing  more  than  one  subject. — Constitu- 
tion cited  and  construed:  Art.  2,  sec.  17;  Acts  cited  and  con- 
strued: Acts  1897,  ch.  36;  State  v.  True,  8  Gates,  298-307. 

Quarterly  Court  cannot  employ  counsel  to  prevent  misappropriation  of. 
Power  in  State  Superintendent  of  Public  Instruction. 

Counsel  fees  cannot  be  paid  out  of  school  fund  by  Chairman  of  County 
Court  for  services  in  suit  for  protection  of  school  funds. — State 
v.  True,  8  Gates,  307. 

Bond  to  protect  sureties  on,  not  released  by  individual  action  of  Di- 
rectors— liability  of. — Finney  v.  Garner,  2  Gates,  68. 

IX.— SCHOOL  WARRANTS. 

How  issued.— 10  Lea,  219,  Morley  v.  Power;    5  Lea,  265,  Bayless  v. 

Driskell. 
Not  negotiable,  do  not  bear  interest,  subject  to  statute  of  limitations, 

etc.,  and  Trustee's  duty. — 5  Lea,  265,  Bayless  v.  Driskell;  6  Lea, 

274,  Bank  v.  Baber. 


X.— SCHOOLS  OF  MUNICIPAL  CORPORATIONS. 


May  levy  tax,  and  may  admit  children  residing  outside  the  corporation. 
—  15  Lea,  633,  Ballentine  v.  Pulaski. 


XL—  PROCEDURE  IN  COURTS. 

Teacher  cannot  sue  Comptroller.  —  10  Lea,  576,  Yost  v.  Gaines. 
County  Trustee  may  be  sued.  —  9  Lea,  168,  Bedwell  v.  Jones;   14  Lea, 

536,  Jernegan  r.  Gray. 
Cases  where  mandamus  will   lie.  —  5  Lea,  265,  Bayless  v.  Driskell;   6 

Lea,  692,  Morley  v.  Power;  6  Lea,  274,  Bank  v.  Baber. 
County    Court    decides   contested    election    of    Directors.  —  12   Lea.    30, 

State  r.  Burchfield. 
Removal  of  Director.  —  3  Tenn.  Ch.  Rep.,  177,  State  v.  Leonard.' 


XII.— OATH  MUST  BE  TAKEN  BY  ALL  OFFICERS— MISDE- 
MEANOR TO  ENTER  ON  OFFICE  WITHOUT  IT. 

Ui 


Constitution,  Art.  10,  Sec.  1;  M.  &  V.  Code,  Art.  2,  Sees.  940,  941, 
942,  943,  947,  948;  8  Baxter,  591. 

XIII.— CONSTITUTIONAL  REQUIREMENT. 
Constitution,  Art.  11,  bee.  12;  5  Hum.,  279;  5  BaJtter,  1. 
Uniform  Text-book  Act  conititutionaL     L*ip*r  T.  Stott,  19  Pickle. 


INDEX 


ACADEMIES. 

May  transfer  property,  pp.  63,  04. 

ADMINISTRATION. 

Advisory  Board  of  Education,  p.  19, 
sec.  1*3. 

county  Board  of  Education,  p.  15, 
sec.  3. 

County  High  School  Board  of  Edu- 
cation, p.  88,  sec.  3. 

County  Superintendent,  p.  10,  eec.  8. 

State  Board  of  Education,  p.  10, 
sec.  55. 

State  Superintendent,  p.  3,  sec.  3. 

State  High  School  Inspector,  p.  80, 
sec.  5. 

ADVISORY   BOARDS. 

Election,    p.    19,    sec.    13 ;     p.    60, 

sec.  13. 

Members  to  qualify,  p.  62,  sec.  18. 
Duties,  p.  19,  sec.  14,  subsecs.  1  to 

<">  :  pp.  60,  61. 
Vacancies,  p.  14,  sec.  11,  subsec.  2; 

p.  61,  sec.  15. 

AFFIDAVIT. 

Census  Enumerator,  p.  20,  sec.  14, 
subsec.  4. 

To  be  filed  with  County  Superin- 
tendent, p.  20,  sec.  14,  subsec.  4. 

!«   ILTURAL     AND     INDUSTRIAL 

UKMAL    SCHOOL. 
Who  may  attend,  p.  82,  sec.  7. 

AGRICULTURE. 

To  be  taught,  p.  26,  sec.  32,  sub- 
sec.  6. 

APPROPRIATION. 

Text-book  Commission,  p.  55,  sec. 
16. 

APPORTIONMENT. 

common  school  funds,  p.  77,  sec.  2. 
Equalisation  funds,  p.  77,  sec.  3. 
Supplement  of  County  Superintend- 

t-nt's  salary,  p.  78,  sec.  4. 
State  funds,  p.  30,  sec.  44. 

ARBOR    DAY. 

Appointed  by  county  superintend- 
ents, p.  15,  sec.  11,  subsec.  2. 


•« 
,  .,,„ 


Pul  »lic     exercises, 
eubsec.  2. 


P.    in,    sec.    11, 


ATTENDANCE, 

••I'  pupils,  p.  24,  sec.  30. 
.Minimum     attendance    required,     p. 
25,  sec.  30. 

ATTORNEY     CKNKRAL. 

Prepare    text-book    contract,    p.    47, 

sec.  3. 

ATTORNEYS.  DISTRICT  AND  LOCAL, 
ite  Superintendent  may  appoint, 
p.  32,  sec.  45/. 

mi.'  c.ninty  Superintendent  or 
trustee    for    failure    to    make    re- 
port, p.  32.  sec.  -jr.'/. 
Conduct  prosecutions,  p.  L'-l.  aee.   -•". 
HANK   <>F  TBNNB88 

Issue,  p.  :>o.  sec.  43. 
P.C>.U:DS.  LOCAL  AND  ADVISORY. 

Duties,  p.  19,  sec.  14,  subsecs.  1   to 

»;.  pp.  r,d  .-imi  in. 
How   elected    and    when    to    qualify. 

p.  19,  sec.  i::  :    p.  <',<>.  sec.   i::. 
Vacancies,  p.  14,  sec.  11.  subsec.  2; 
p.  61,  sec.  15. 

7 


BOARDS  OF  EDUCATION. 

Advisory  Boards,  p.  19,  sec.  13. 
County   Board  of  Education,   p.   15, 

sec.  3. 
County  High  School  Board  of  Edu- 

cation, p.  88,  sec.  3. 
State    Board    of   Education,    p.    1C, 

sec.  55. 

BOND. 

To  furnish   text-books  may  be   sued 
on,  p.  47,  sec.  3. 

BONDS. 

Commission   not  allowed  trustee,  p. 

90,  sec.  6. 
County    Court   may    issue  and    sell, 

p.  88,  sec.  1. 

Denomination,  p.  89,  sec.  4. 
Fund  from  bonds  kept  separate,   p. 

90,  sec.  6. 

Interest  on,  p.  88,  sec.  2. 
Issued    by    Quarterly    Court,    p.    91, 

sec.  11. 
Proceeds  turned  over  to  trustee,  p. 

89,  sec.   6. 

Redemption  of,  p.  91,  sec.  12. 
Seal  of  County  Clerk,  p.  88,  sec.  1. 
Signed    by    Judge    or    Chairman    of 

County   Court,   p.  88,   sec.   3. 
Sinking  fund,  p.  90,  sec.  8. 
Special  school  fund,  p.  91,  sec.   10. 

BRANCHES    OF   STUDIES. 

Primary    schools,     p.    25,    sec.    32, 

subsecs.  2  and  6. 

Secondary    schools,    p.    25,    eec.    32, 
subsec.  3. 

CENSUS. 

Duty   City    Board    of  Education,    p. 

20,  sec.  14,  subsec.  4. 
Duty     of     Secretary     of     Advisory 

Board,  p.  20,  -sec.  14  ;    subsec.  4. 
Duty   of  County   Superintendent,  p. 

12,  sec.  9,  subsec.  5. 
Duty    of    State    Superintendent,    p. 

6,  sec.  7,  subsec.   12. 

CERTIFICATES. 

Qualification  of  teachers,  p.  21,  sec. 

:    p.  L'O,  sec.  32.  subsec.  5. 
To      pupils      completing      primary 

school,  p.  27,  sec.  32,  subsec.  2. 

To     pupils     completing     secondary 

school,  p.  27,  sec.  32,  subsec.  3. 

CITIES   AND  TOWNS. 

To  enumerate  scholastic  population, 

p.  20.  sec.  14.  subsec.  4. 
What   to    include   in   population    re- 

ports, p.  20,  sec.   14,  subsec.  4. 
Rights,  p.   .".4.  SPC.  ."•_'. 
M.-iy  establish  graded  schools,  p.  34, 

sec.  -.1. 

levy    school    tax.   p.   :'.4.   sec.   52. 
Exempt   fr.-ni  County  Board  law,  p. 


no. 


81. 


CITY     SCHOOLS 

county  Board  Law.  p. 

Boards  to  enumerate  census,  p.  20, 

14.    subP'-e.    4. 
To    rrveive    share    of    public    school 

money,    p  M. 

COMPTROLLER, 

To    apportion    school    fund,    p.    30, 

sec.  44. 
To  distribute  school   fund   to   coun- 


98 


INDEX. 


•   ties  on  a  per  capita  basis,  p.  77, 
sees.  1  and  2. 


To   certify   to   Chairman   of   County 

Court,   p.   33,   sec.  450. 
To    give    notice    of    distribution,    p. 


To  issue  warrant  on  Bank  of  Ten- 
nessee fund,  p.  30,  sec.  44. 

COMPULSORY  ATTENDANCE. 
Exemptions,  p.  72,  sec.  1. 
Applies  to  certain  counties,  p.  75. 
Consecutive  attendance,  p.  72,  sec.  1. 

CONSOLIDATED   SCHOOLS. 

Power     of     district     directors     and 

County  Board  of  Education,  p.  27, 

eec.  33. 
Power  of  County  High  School  Board, 

p.  40,  sec.  8. 

CONTRACTORS. 

To  print  price  on  text-books,  p.  49, 

sec.  4. 
To.  make  bond,  p.  47,  sec.  3. 

COUNTIES. 

Exempt  from  County  Board  law,  p. 

62,  sec.  17. 
That  receive  portion  of  equalization 

funds,  p.  77,  sec.  3  ;    p.  79,  sec.  5. 

COUNTY  BOARD  LAW. 

Counties  under,  p.  56,  sec.  1. 
Counties  exempt,  p.  62,  sec.   17. 
Cities  exempt,  p.  61,  sec.  16. 

COUNTY  BOARD   OF   EDUCATION. 
Who  constitute  County  Board,  p.  15, 

sec.  3. 

Members   of,  p.   56,  sec.  3. 
Created,  p.  56,  sec.  1. 
Election    and    qualification,    p.    56, 

sec.  4  ;    p.  56,  sec.  5. 
How  vacancies  are  filled,  p.  14,  sec. 

11;    p.  16,  sec.  6. 
Duties   of   Chairman,   p.   16,   sec.   7, 

subsec.  1,  and  p.  57,  sec.  7. 
Temporary  Chairman,  p.  16,   sec.   7, 

subsec.   1. 
Special     meetings,     p.     17,     sec.     7, 

subsec.    2,    and    p.    18,    sec.    10, 

subsec.   1. 

Committees,  p.  17,  sec.  7,  subsec.  2. 
Term  of  service,  p.  16,  sec.  4. 
Time  to  qualify  and  organize,  p.  16, 

sec.  4. 
Must  be  resident  of  district,  p.    16, 

sec.  5. 

Quorum,  p.  17,  sec.  7,  subsec.  1. 
Duties    of    Board,    p.    58,    sec.    10, 

subsec.  1 ;    pp.  59  and  60. 
To  select  teachers,  p.  59,  sec.  2. 
To  fix  term  of  schools,  p.  59,  sec.  3. 
To  locate  schools,   p.  59,  sec.  4  ;    p. 

18,  sec.  10,  subsec.  4. 
To  receive  reports,  p.  59,  sec.  5. 
To  visit  schools,   p.   59,  sec.   6 ;     p. 

18,  sec.  10,  subsec.  6. 
To    dismiss    pupils,    p.    59,    sec.    7 ; 

p.   20,  sec.   14,    subsec.   5. 
To  dismiss   teachers,   p.   59,   sec.   8 ; 

p.  19,  sec.  10,  subsec.  8. 
To  care  for  property,  p.  60,  sec.  9  ; 

p.  19,  sec.  10,  subsec.  9. 
To  make  district  reports,  p.  60,  sec. 

Compensation,   p.   60,   sec.   12. 

Secretary's  duties,  p.  17,  sec.  8,  sub- 
sees.  1  to  3  ;  sec.  9. 

To  suspend  schools  for  poor  attend- 
ance, p.  24,  sec.  30  ;  p.  18,  sec. 
10,  subsec.  3. 

To  perform  duties  of  District  Di- 
rectors, p.  19,  sec.  10,  subsec.  9. 

To  buy,  transfer  or  sell  school 
property,  p.  19,  sec.  10,  subsec.  9. 


To  act  on  appeals  of  suspended 
pupils,  p.  18,  sec.  10,  subsec.  6. 

Issue  order  on  Chairman  for  salary, 
p.  18,  sec.  10,  subsec.  5. 

Time  of  meetings,  p.  17,  sec.  10, 
subsec.  1. 

May  permit  pupils  to  attend  in  an- 
other county,  p.  18,  sec.  10,  sub- 
sec.  4. 

To  fix  minimum  attendance,  p.  18, 
sec.  10,  subsec.  3. 

To  run  schools  same  term,  p.  18, 
sec.  10,  subsec.  3. 

Control  expenditure  of  school  fund, 
p.  18,  sec.  10,  subsec.  2. 

COUNTY  COURT. 

Chairman's    duties,    p.    53,    sec.    8 ; 

p.    10,   sec.   8,   subsec.    1 ;    p.    30, 

sec.  45a;  p.  11,  sec.  8,  subsec.  1. 
County     Superintendent     to     report 

to,  p.  14,  sec.  10. 
Levies  county  tax,  p.  29,  sec.  40. 
Tax   to   secure   special   fund,   p.   77, 

sec.  3. 
May    levy    high    school    tax,    p.    38, 

sec.  2. 
To   elect  high   school   board,   p.   38, 

sec.  3. 

To    divide    county    and    school    dis- 
tricts, p.  15,  sec.  2. 
To  elect  members  of  County  Board, 

p.  15,  sec.  4. 
To   approve  County  Trustee's  bond, 

p.  22,  sec.  44. 
May  issue  bonds  for  normal  schools, 

p.  69,  sec.  2. 

COUNTY  HIGH   SCHOOLS. 

County  Court  may  establish,   p.   38, 

sec.   1. 

Special  tax  levy,  p.  38,  sec.  2. 
Fund    to    be    kept    separate,    p.    38, 

sec.  2. 

How  controlled,  p.  38,  sec.  3. 
Subjects   and  grades   taught,   p.   39, 

sec.  4  ;    p.  79,  sec.  5. 
Three     teachers     required,     p.     39, 

sec.  5. 
Requirement  for  admission  of  pupils, 

p.  39,  sec.  6. 

Board  to  locate,  establish  and  man- 
age, p.  40,  sec.  7. 
May  be  consolidated,  p.  40,  sec.  8. 
To     be     under     county     and     State 

officers,  p.  40,  sec.  9. 
Teachers    to    make    reports,    p.    41, 

sec.  9. 
Pupils    over    age    and    nonresidents, 

p.  41,  sec.  10. 
Disbursement  of  fund,  p.  41,  sec.  11, 

p.  79,  sec.  5. 

High  School  Inspector,  p.  80,  sec.  5. 
Academies    may     transfer    property 

to,  pp.  63  and  64. 
Teachers    to    be    examined,    p.     80, 

sec.  5. 
Branches   to  be  taught,    p.    54,   sec. 

Fund  to  revert  under  certain  condi- 
tions, p.  80,  sec.  5. 

COUNTY   HIGH   SCHOOL   BOARD. 
How  elected,  p.  38,  sec.  3. 
Term  of  office,  p.  38,  sec.  3. 
Power   to    locate    and    control    high 

schools,  p.  40,  sec.  7. 
May  consolidate  high  schools,  p.  40, 

sec.  8. 
May    admit   nonresidents    or    pupils 

over  age,  p.  41,  sec.  10. 

COUNTY   HIGH   SCHOOL  INSPECTOR. 
Selected     by     State     Board,    p.    80, 
sec.   5. 


INDEX. 


99 


Office      in      State      Superintendent's 

office,  p.  80,  sec.  5. 
Duties  of,   p.  80,  sec.   5. 

CO  I  FERINTENDKNT. 

Election  and  term  of  office,  p.  10, 
sec.  8,  subsec.  1. 

Removal  from  office,  p.  10,  sec.  8, 
subsec.  1. 

To  be  examined,  p.  9,  sec.  55,  sub- 
sec.  12  ;  p.  11,  sec.  8,  subsec.  1. 

Qualifications,  p.  10,  sec.  8,  sub- 
sec.  1. 

Shall  tile  certificate,  p.  11,  sec.  8, 
eubsec.  1. 

Life  of  certificate,  p.  11,  sec,  8, 
subsec.  1. 

Exempt  from  examination,  p.  11, 
sec.  8. 

Women  eligible,  p.  12,  sec.  8,  sub- 
1. 

Duties,  p.  12,  sec.  8. 

Supervision  of  schools,  p.  12,  sec.  9, 
subsec.  1. 

To  visit  schools,  p.  12,  sec.  9,  sub- 
sec.  2. 

Require  report  from  County  Board, 
p.  12,  sec.  9,  subsec.  3. 

Examine  teachers  and  issue  certifi- 
cates, p.  12,  sec.  9,  subsec.  4. 

Report  scholastic  population,  p.  12, 
sec.  9,  subsec.  5. 

Secretary  of  County  Board,  p.  12, 
sec.  9,  subsec.  6. 

Observe  directions  of  State  Super- 
intendent, p.  12,  sec.  9,  subsec.  7. 
records  of  official  acts  and 
boundaries  of  school  districts,  p. 

13,  sec.  9,  subsec.  8. 
Countersign  certain  warrants,  p.  12, 

sec.  9,  subsec.  9. 

Must  sign  warrants  in  ink,  p.  13, 
sec.  9,  subsec.  9. 

Keep  record  of  countersigned  war- 
rants, p.  14,  sec.  9,  subsec.  10. 

May  recommend  pupils  for  normal 
schools,  p.  8,  sec.  55,  subsec.  10. 

Report    warrants    countersigned,    p. 

14,  sec.  9,  subsec.  10. 

to    teach,     contract,     or     buy 

school    warrants,    p.    14,    sec.    10, 

subs> 
May    appoint    members    of    County 

Board,  p.  14,  sec.  11,  subsec.  1. 
May    appoint    memN-rs    of    advisory 

board,  p.  14,  sec.  11,  subs' 
May   appoint  arbor  day.   p.    in,   sec. 

11,  subsc  < 
To    be    present    when    trustee    makes 

settlement,  p.  ::i.  Bees.    »•'•  and  46. 
To    make   quarterly    reports    to    > 

Superintendent,  p.  ".i .  MC.  4.v. 
Financial   report,  p. 
To    report    loftfl    or    misuse    of   funds, 

p.  32,  sec 

M  i.-d' mejui  >r     to     f;>il     (*>     make     re- 

por  i.".//. 

When   to  report,   p.    1  \ 

app'.int     persons     to     mak 

port.   p.    1 
Coni:  "1     property,    p 

II.  1 . 

i  ies   and   f  .rfeit  ures.   p.    14,  sec. 

10,  subsec.  I*  :    p.  _  and 

24;    ;  ».-..»/. 

Salary,  p.    !  rabMe    1. 

County  Trus|,-e   must    report   to  him. 

pp.  ::«i.  ::i.  32 


corNTY  TKFSTEE. 

Apportionment      from      Comptroller. 

p.  30,  sec.   -M. 
Balance  not  redistributed,  p.  30.  sec. 


i.  p.  22,  Me,    u. 

Compensation,  p.  22,  sec.  44. 
Certify  to  amounts  collected,  p    22 

H. 

County  school  tax  retained  and  dis- 
tributed, p.  L".),  sec.  40. 
Disbursed    l.y     warrant    of    County 

Board,  p.  17,  sec.  8,  subsec.  1. 
Duties   as    to    high    school   fund,    p. 

41,  sec.  11. 
Duties  in  Bank  of  Tennessee  issue, 

p.  30,  sec.  43,  44. 
Liability,  p.  23,  sec.  45. 
Penalties,  p.   13,  sec.  9,  subsec.  9o  ; 

p.  23,  sec.  45. 
Report  to  County  Superintendent,  p 

22,  sec.  43,  and  p.  31,  sec.  456 
Report  distribution    to  directors    D 

31,   sec.   45. 

State  poll  tax  retained  and  distrib- 
uted, p.  28,  sec.  30. 
State   school   tax   retained    and  dis- 

tributed,  p.  29,  sees.  38  and  39. 
School  money  kept  separate,   p.   21, 

sec.  43  ;    p.  23,  sec.  45. 
To    distribute    monev    quarterly,    n 

31,   sec.    46. 
To   make  annual   settlement.   D    31 

sec.  46. 

To  settle  quarterly,  p.  30,  sec.  45a. 
Warrants  for  maps,  charts,  etc.,   to 

be    approved    before    pavment,    p. 

13,  sec.  9,   subsec.  9o     ' 

COURSE  OF  STUDY. 

Primary,  p.  25,  sec.  32,  subsec.  1 
Secondary,  p.  25,  sec.  32,  subsec.  3. 
High  school  course,  p.  79,  sec.  5. 

DECISIONS 

Sunreme  Court,  classified,  pp.  93, 
94,  95. 

DEPOSITORIES    OF    TEXT-BOOKS 

One  In  each  grand  division,  p.  52 
sec.  8. 

One  to  four  in  each  county,  p.  52, 
soc.  8. 

Contractor  may  arrange  with  mer- 
chants, p.  52,  sec.  8. 

May  order  books  by  mall,  etc.,  pp. 
."!'.  68,  see.  8. 

Books  to  be  sold  at  price  printed 
thereon,  p.  53,  sec.  8. 

DISBURSEMENT    OF    FUNDS. 

Normal    school,    bv    State   Board    of 

Education,    p.    <>.    see. .  55,    subsec. 

DISTRIBUTION    SCHOOL   FUNDS. 

Pem.-inent    school    fund.    p.    '27.    sec. 

34  :    p.  28.  sec.  35. 
General  cd  IK  at  Ion  fund.  p.  76.  sec.  1. 

DISTRICT    DIRECTORS. 
Office   abolished,   p     : 

DIPLOMAS. 

From  normal  sclwiols  exempts 
holders  from  examinations,  p.  0. 

*• 
Ptipils   completing   secondary   course. 

BDUCATIONAL    FUND. 

Apportionment    of    treneral    fund,    p. 

EI»rCATH  »NAL       INSTITUTIONS. 

•upt    from    taxes,   p.  65,  sec.    1. 
[BRATOB     «»F     SCHOLASTIC 
POPULATION. 

Secretary  of  Advisory   Board,  p.  20. 

Time    to    enumerate,    p.   20,   sec.    14, 


100 


INDEX. 


Must   file    affidavit,    p.    20,    sec.    14, 

subsec.  4. 
City  Board   and  Advisory   Board  to 

report,  p.  20,  sec.  14,  subsec.  4. 

EXAMINERS. 

Chairman,  County  Court  may  ap- 
point, p.  11,  sec.  8. 

State  Superintendent  may  appoint, 
p.  5,  sec.  7,  subsec.  6. 

State  Board  may  appoint,  p.  80, 
sec.  5. 

EXAMINATIONS. 

County    Superintendents,    p.    9,    sec. 

55,  subsec.  12. 
Teachers  of  primary  and   secondary 

schools,  p.  12,  sec.  9,  subsec.  4. 
County  high  school  teachers,  p.  80, 

sec.    5. 
Who  are  exempt,  p.  9,  sec.  8. 

EXPENDITURE  OP  NORMAL  SCHOOL 
FUNDS. 

State  Board  of  Education,  p.  9,  sec. 
55,  subsec.  11. 

FEMALE   SCHOOLS. 

Not  to  be  disturbed,  p.  36,  sec.  1. 
Not  to  loiter  around,  p.  46,  sec.  2. 

FORFEITURES. 

For  failure  to  observe  text-book 
law,  p.  48,  sec.  3. 

For  paying  teachers  without  certifi- 
cate, p.  21,  sec.  26. 

For  teachers  not  using  adopted  text- 
books, p.  55,  sec.  14. 

For  agents  who  violate  text-book 
law,  p.  55,  sec.  15. 

For  non-attendance,  p.  73,  sec.  2. 

Shall  go  to  district  where  offense 
was  committed,  p.  24,  sec.  25. 

FORMS. 

Distributed  by  State  Superintend- 
ent, p.  5,  sec.  7,  subsec.  6. 

FUNDS. 

Comptroller  apportions  annual  state 

fund,  p.  30,  sec.  44. 
County    to    levy    additional    school 

tax,  p.  29,  sec.  39. 
Permanent    fund    and    its    proceeds. 

p.   28,  sec.  35. 

State  school  taxes,  pp.  28  and  29. 
General  school  fund,  p.  76,  sec.  1. 
To  supplement  County  Superintend- 
ent's salary,  p.  78,  sec.  4. 
High  school  fund.  p.  79,  sec.  5. 
Surplus    high    school    fund,    p.    80, 

sec.  5. 
Public   school    library    fund,    p.    80, 

sec.  6. 
Circulating     library     fund,     p.     82, 

sec.  6. 

Normal  school,  p.  82,  sec.  7. 
Agricultural   and   Industrial    School, 

p.   85,  sec.    7. 
University     of     Tennessee,     p.     86, 

sec.  8. 

Experiment  station,  p.  86,  sec.  8. 
Donations  by  bond  issue  by  county 

or  city,  pp.  69,  70,  sees.  1  to  5. 
Poll  tax,  p.  27,  sec.  36. 
School  taxes,  pp.  28  and  29. 

GENERAL  EDUCATION  LAW. 

Apportionment     of     funds,     p.     76, 

sec.   2. 

Circulating  libraries,  p.  82,  sec.  6. 
Counties    entitled    to    participate   in 

distribution    of    ten    per    cent,    p. 

77,  sec.  3. 

Disbursement  of  funds,  p.  86,  sec.  7. 
Experiment  stations,  p.  86,  sec.   8. 


Fund  to  equalize  school  terms,  p. 
77,  sec  3. 

High  school  fund,  p.  79,  sec.  5. 

High  schoool  teachers  to  be  exam- 
ined, p.  80,  sec.  5. 

Inspector  of  high  schools,  p.  80, 
sec.  5. 

Location  of  normal  schools,  p.  85, 
sec.  7. 

Management  of  normal  schools,  p. 
85,  sec.  7. 

Normal  Course  of  Study,  p.  84, 
sec.  7. 

Public  school  library  fund,  p.  80, 
sec.  6. 

Report  of  County  Superintendents, 
p.  78,  sec.  4. 

Report  to  State  Superintendent,  p. 
87,  sec.  9. 

School  for  negroes,  p.  85,  sec.   7. 

State  Superintendent  to  certify  ap- 
portionment to  Comptroller,  p. 

79,  sec.  4. 

State  Board  to  grade  high  schools, 
p.  79,  sec.  5. 

State  Board  to  adopt  regulations  for 
disbursements  high  school  fund, 
p.  79,  sec.  5. 

State  Board  to  issue  library  list,  p. 
81,  sec.  6. 

State  normal  schools,  p.  82,  sec.  7. 

State  normal  school  graduates,  p. 
84,  sec.  7. 

State  University  scholarships,  p.  87, 
sec.  8. 

Supplement  County  Superintend- 
ent's salary,  p.  78,  sec.  4. 

Surplus  high  school  fund  to  revert, 
p.  80,  sec.  5. 

Traveling  expenses  students  to  Uni- 
versity paid,  p.  86,  sec.  8. 

University  of  Tennessee  appropria- 
tion, p.  86,  sec.  8. 

Reports  to  State  Superintendent, 
p.  87,  sec.  9. 

GOVERNOR. 

President  State  Board  of  Education, 
p.  7,  sec.  7. 

Approve  bond  of  State  Superintend- 
ent, p.  10,  sec.  55,  subsec.  6. 

Proclamation  of  text-books  adopted, 
p.  52,  sec.  7. 

HIGH  SCHOOLS. 

May  be  established,  p.  38,  sec.  1. 
Fund  kept  separate,  p.  38,  sec.  2. 
Academies  may  transfer  property, 

pp.  63,  64. 

Branches  taught,  p.  54,  sec.  11. 
How    fund    is     distributed,     p.     79, 

sec.  5. 

To  be  graded,  p.  79,  sec.  5. 
Teachers  to  hold  certificates,  p.  80, 

sec.   5. 

HIGH    SCHOOL   INSPECTOR. 

Office  with  State  Superintendent,  p. 

80,  sec.  5. 
Duties,  p.  80,  sec.  5. 

LIBRARY    COMMISSION. 
Created,   p.  66,   sec.   1. 
Duties,  p.  67,  sec.  3. 
Records,  p.  66,  sec.  2. 
Meetings,  p.  67,  sec.  4. 
Quorum,  p.  68,  sec.  4. 

LIBRARIES. 

State  fund  to  assist  in  establishing, 

p.  80,  sec.  6. 
I  low  State  aid  may  be  obtained,  p. 

80,  sec.  6. 

Amount    n    library    mny    receive,    p. 

81,  sec.  6. 


IND] 


Preference  given  to  certain  counties, 

p.  81,  sec.  6. 
Regulations    to    be    made    by    State 

Board  of  Education,  p.  81,  sec.  6. 
State  Board  to  furnish  list  of  books, 

p.  81,  sec.  6. 

Purchase     of     books     reported     to 
inty     Superintendents,     p.     82, 

sec.  6. 
No      commission      allowed      County 

Trustee,  p.  82,  sec.  6. 

LIBRARIES.    CIRCULATING. 

One-fifth  of  library  fund  to  be  used, 
p.  86,  sec.  2. 

LICENSE. 

Teachers,    p.    21,    sec.    26  ;     p.    20, 

sec.  32,  subsec.  5. 
High  school  teachers,  p.  80,  sec.  5. 
County   Superintendents,  pp.   9,    10. 

MAYOR  AND  ALDERMKX. 

May  buy,  erect,  and  furnish  school- 

houses,  p.  34,  sec.  52,  subsec.  2. 
M:»y  levy  additional  school   tax   for 

buildings,  p.  34,  sec.  52,  subsec.  3. 
Shall    appoint    board    of    education, 

p.  35,  sec.  52,  subsec.  4. 
May    issue    and   sell    normal    school 

bonds,  p.  69,  sec.  3. 

MA  XT'SCRIPTS. 

Text-Book     Commission     may     con- 
sider, p,  51,  sec.  6. 

MISDKMKANOR. 

To    violate    text-book    law,    p.    55, 

sees.  13,  14,  15. 
To    disturb    female    schools,    p.    36, 

sec.  1. 
For  paying  teachers  without  certifi- 

cate, p.  21,  sec.  •-!»',. 
For  non-attendance,  p.  73,  sec.  2. 
MIXED     SCHOOLS. 

Not  allowed,  p.  25,  sec.  52,  subsec.  5. 
XORMAL    SCHOOLS. 

Authorized,  p.   7.  sec.  55,  subsec.  1. 

Purpose  of,  p.  82,  sec.  7. 

Location,  p.  82,  sec.  7  ;   p.  85,  sec.  7. 

Who  may  attend,  p.  82,  sec.  7. 

Funds,    p.    XL',    sir.    7. 

Admission    of  pupils,   p.   8,   sec.   55, 

State  Board  to  locate,  adopt  course 

of  study,  and  elect  teachers,  p.  8. 

sec.   .".">.    stibsc 

County  Mud  city  Superintendents  to 
ommend  pupils,   p.   8,  see 

subsec.    7. 
Diplomas  exempt   teachers  from   ex- 

amination. p.  subsec.  8. 

to  Scito  Super- 

intendent, p.  9.  sec.  ">.">,  sui»s 
Teachi  r>   t.>  ki 


.   p.   9,  sec. 

Whiti>    :ind    colored    pupils    to    go    to 
diflVmir    schools,    p.    9,    sec.    55, 

••••.  10. 
Interest   coupons,    by   whom    P 

I1-  '•  ( 

I'r.-ictir-.-   and  observation   school,    p. 

ice.  7. 

hers  to  assist  in  Institute  work. 
p.  83,  sec.  7. 
Pupils   must   make  pledge   to   to:ich, 

p.  84,  sec.  7. 

Management  of.  p.  S4.  soc.  7. 
Course  of  study,  p.  S4.  soc.   7. 

.duates  of.  p.  84.  SPC.  7. 
1  'dilations,    p.    sr>.    s« 
Disbursement  of  funds,  p.  80.  - 
Agricultural      nnd      Industrial,      for 
negroes,    p.    85,   sec.    7. 


101 


Counties  and  cities  may  donate 
bonds  for  location,  pp.  69,  70, 
sees.  1  to  5. 

OFFICERS. 

To  deliver  records  to  successors,  p. 
23,  sec.  24. 

Must  take  oath,  Supreme  Court  de- 
cisions, p.  95,  XII. 

Must  not  contract  or  pay  teachers 
without  license,  p.  21,  sec.  27 : 
p.  23,  sec.  24. 

Penalties  and  forfeitures,  p.  24, 
sec.  25. 

PEABODY   NORMAL  COLLEGE. 

Trustees,  p.  9,  sec.  55,  subsec.  4. 

PENALTIES    AND    FORFEITURES. 

For  paying  teachers  without  cer- 
tificate, p.  21,  sec.  26. 

Teachers  who  do  not  use  adopted 
book,  p.  55,  sec.  14. 

Agents  who  violate  text-book  law, 
p.  55,  sec.  15. 

Non-attendance  of  pupils,  p.  73, 
sec.  2. 

For  all  school  officers,  pp.  23,  24. 

For  County  Superintendent,  p.  32, 
sec.  450;  p.  10,  sec.  8. 

State  Superintendent,  p.  4,  sec.  5. 

County  Trustee,  p.  23,  sec.  45. 

Shall  go  to  district  where  offense 
was  committed,  p.  24,  sec.  25. 

PEOPLE. 

May  vote  on  school  tax,  p.  29,  sec. 

Elect  members  County  Board  of 
Education,  p.  57,  sec.  4. 

Elect  members  of  District  Advisory 
Board,  p.  60,  sec.  13. 

PRACTICE  AND  OBSERVATION 
SCHOOL. 

State  Board  of  Education  may  con- 
tract for,  p.  83,  sec.  7. 

PROPERTY. 

County  Board  of  Education  to  con- 
trol, p.  19,  sec.  10,  subsec.  9,  p. 
60,  sec.  9. 

PROSECUTION. 

To  be  paid  out  of  school  funds,  p. 
74,  sec.  7. 

PUBLISH! 

r  defray  expenses  of  manuscript, 
p.  51,  sec.  6. 

PUPILS. 

School  age,   p.  6,  sec.  13. 

M:iy  be  admitted  to  town  schools  by 
consent,  p.  05.  X. 

Mny  be  suspended  by  county  and 
district  board,  p.  20,  sec.  14,  sub- 
sec.  5  :  p.  59,  sec.  7 

Suspension  by  teacher,  p.  21,  sec. 
29. 

Mansion     by     District     Advisory 
>rd,  p.  20,  sec.  5:   p.  61,  sec.  5. 

Certificates,  p.  27,  sec.  32,  subsec.  2. 

Piplonins.  p.  127.  soc.  32,  subsec.  3. 

White  and  colored  not  to  be  taught. 
In  eame  school,  p.  24,  sec.  30. 

bo   rocommondod  for  admission 
to     University    of    Tennessee,     p. 
87,  sec.  8. 
KDS. 

State  Superintendent  to  keep,  p.  6, 
sec.  7,  subsoc.  11. 

County   Superintendent    to    keep,    p. 

subsec.  8. 

•t.iry  County  Board  of  Educa- 
tion to  keep,  p.  17,  sec.  8,  sub- 
sec.  3. 


102 


INDEX. 


pc 

Sch( 


Teachers    to    keep    register,    p.    21, 

sec.  '27. 
County     Trustee     to     keep    separate 

accounts,  p.  30,  sec.   41. 
Normal    schools   to   keep,   p.    9,    sec. 

55,  subsec.  9. 
County    Trustee    to    keep    record    of 

high  school  fund.  p.  41,  sec.  11. 
Of    attendance    to    be   made,    p.    73, 

sec.  3. 

REPORTS. 

When  made,  p.  12,  sec.  9,  subsec.  7. 
District  Advisory  Board,  p.  19,  sec. 

14,  subsec.  3. 

Secretary  of  County  Board  to 
County  Court,  p.  17,  sec.  8,  sub- 
sec.  2. 

County  Board  to  receive  monthly 
report,  p.  18,  sec.  5. 

County  Superintendent's  annual  to 
State  Superintendent,  p.  5,  sec.  7, 
subsec.  8. 

County  Superintendent's  annual  to 
County  Court,  p.  19,  sec.  9,  sub- 
sec.  7. 

County  Superintendent's  annual  to 
County  Trustee,  p.  12,  sec.  9, 
subsec.  5. 

County  Trustee's  report  to  County 
Superintendent,  p.  31,  sec.  45&. 

County    High    School    Board    to    re- 

;ort,  p.  40,  sec.  9. 
ools  aided  by  State  to  report,  p. 

87,    sec.    9. 
Secretary  Advisory  Board  to  report 

census,   p.   61,   sec.   14,  subsec.  4. 
State    Superintendent's   biennial    re- 
port   to    Governor,    p.    6,    sec.    7, 

subsec.   12. 
State    Superintendent's     report     of 

scholastic    population     to     Comp- 
troller, p.  6,  sec.  7,  subsec.  11. 
State    Superintendent    may    appoint 

person  to  make  report,  p.  5,  sec. 

7,  subsec.  8. 
State    Superintendent    may    require 

report  of  an  officer,  p.   5,  sec.  7, 

subsec.  7. 
REQUIREMENTS. 

To    bid    for    text-book    contract,    p. 

45,  sec.  2. 
SCHOLASTIC    POPULATION. 

Duty      of     Secretary     of     Advisory 

Board,  p.  29,  sec.  14.  subsec.  4. 
Duty   of  County   Superintendent,   p. 

12,  sec.  9,  subsec.  5. 
Duty  of  State  Superintendent,  p.  6. 

sec.   7,   subsec.   12. 
Duty    of   City    Board    of    Education, 

p.  20,  sec.  14,  subsec.  4. 
SCHOOL    AGE. 

Children    between    the    ages    of    six 

and  twenty-one,  p.  6,  sec.  13. 
SCHOOL    DISTRICTS. 

Created  for  the  purpose  of  electing 

members  of  the  County  Board,  p. 

15,  sec.  2  ;    p.  56,  sec.  2. 
Adjacent   to   incorporated    towns,   p. 

33,  sec.  4. ""»//. 
SCHOOL    FUND. 

Comptroller  apportions  State  fund 
annually,  p.  30,  sec.  44. 

County  to  levy  additional  school 
tax,  p.  20.  sec.  39. 

Permanent  fund  and  its  proceeds, 
p.  28.  sec.  ">r>. 

State  school  taxes,  pp.  28.  29. 

General  school  fund,  p.  76,  sec.  1. 

To  supplement  County  Superintend- 
ent's salary,  p.  7S.  sec.  4. 

Surplus  high  school  fund,  p.  SO, 
sec.  5. 


School  library  fund,  p.  80,  sec.  6. 
Circulating     library     fund,     p.    82, 

sec.  6. 

Normal  school  fund,  p.  82,  sec.  7. 
Agricultural  and  Industrial  Normal, 

p.  85,  sec.  7. 
University     of     Tennessee,     p.     88. 

sec.  8. 
Experiment     Station     fund,     p.     86, 

sec.  8. 
Donations,  bond  issue  by  county  or 

city,  pp.  69,  70,  sees.  1  to  5. 
Poll  tax,   p.   27,  sec.  36. 
People    may    vote    on    tax,    p.    29, 

sec.  39. 

Distribute   to    counties    levying   cer- 
tain tax,  p.  77,  sec.  3. 
Distribution   on   basis    of    scholastic 

population,   p.   77,   sec.   2. 
Bank     of    Tennessee    issue,    p.     30, 

sec.  43. 

Unexpended  balance,  p.   30,  sec.  42. 
Penalty  of  Trustee,  p.  23.  sec.  45. 
District    Advisory    Board    to    draw 

order,  p.  61,  sec.  14,  subsec.  6. 
Secretary    County    Board    to    draw 

warrant,  p.  58,  sec.  8,  subsec.  1. 
SCHOOL    LAW. 

State    Superintendent    to    print   and 

distribute,  p.   5,   sec.  7,  subsec.  6. 
SCHOOL     DISTRICTS. 

May    purchase    property    inside    of 

corporations,   p.   33,  sec.  45,   sub- 
sec,  g. 
Number    and    how    created,    p.    15, 

sec.  2. 
SCHOOL    OFFICERS. 

Oath,    p.    95,     Supreme    Court    De«- 

cision,  XII. 
Must   not   contract   or  pay   teachers 

without    license,    p.    21,    sec.    27 ; 

p.   23,   sec.   24. 
Must  deliver  records   to   successors, 

p.   23,  sec.  24. 
Penalties     and     forfeitures,     p.     24, 

sec.  25. 
SCHOOL   PROPERTY. 

County  Board  of  Education  to  con- 
trol property,   p.   19,   sec.   10 ;    p. 

60,   sec.   9. 
SCHOOLS. 

System  established,  p.  3,  sec.   1. 
How   long    to  be   kept   open,   p.    29, 

sec.  39. 
Separate   for  white   and   colored,   p. 

24,   sec.   30. 

Who  may  attend  free,  p.  24,  sec.  30. 
Term  of  school,  p.  24,  sec.  30. 
Two   classes   of  schools,   p.   25,   sec. 

32. 

Consolidated  schools,  p.  27,  sec.  33. 
Agricultural  schools,  p.  85.  sec.  7. 
State  Normal  Schools,  p.  7,  sec.   55, 

subsec.  1 :    pp.  82  to  85. 
Model  school,  p.  83,  sec.  7. 
State  negro  school,  p.  85,  sec.  7. 
Branches  of  study,  pp.  25.  26. 
High  schools,  pp.  79,  80. 
To    be    managed    and    controlled    by 

County  Board  of  Education,  p.  56, 

800      1 

Grading,    p.    26,    sec.    32,    subsec.    1 

under  subsec.  6. 
Branches  of  study,  pp.  25,  26. 
Certificates    and    diplomas,    p.    27, 

sec.  32,  subsecs.   2,  3. 
Secondary  schools  to  have  more  than 

one  teacher,    p.   25,   sec.   32,    sub- 
Must    teach    effect    of    alcohol    and 

tobacco,  p.  26,  sec.   32.  subsec.  4. 
County   schools  to   run  same  length 

of  time.  p.  24.  sec.  30. 


INDEX. 


103 


lily  attendance,  minimum  to  be 
fixed  by  County  Board  of  Educa- 
tion, p.  24,  sec.  31  ;  p.  50,  sec. 
10,  subsec.  3. 

To  be  located  by  County   Board   of 
Kducation.  p.  :"!).  sec.  10,  subsec.  4. 
SCHOOL    WARRANTS. 

Drawn  by  Secretary  of  County 
Board,  p.  17.  sec.  S.  subst-c.  1. 

Shall  be  written  in  ink,  p.  13,  sec. 
9,  subsec.  9. 

Shall  ho  countersigned,  p.  13,  sec.  9, 
subsec.  9. 

Trustee's  duty   and    liability,   p.   13, 

sec.  9  '.ia. 

SECRETARY    <»i     <<MNTY   BOARD. 

Duties,  p.  12,  sec.  9,  subsec.  6  ;  p. 
15,  sec.  3;  p.  17,  sec.  8. 

Accounts  to  be  audited,  p.  17,  sec. 
8,  subsec.  2. 

T<.  keep  record  of  meetings,  p.  17, 
sec.  8,  subsec.  3 ;  p.  58,  sec.  8, 
subsec.  3. 

Musi    jjive  ir.nd,   p.  17,  sec.  8,  sub- 
sec.  9. 
STATE     r,uAKI»     OF     EDUCATION. 

Appointment  and  term,  p.  7. 

Governor  ex  offlcio  member,  p.  7. 

Prescribe  rules  and  regulations  for 
the  examination  of  County  Super- 
intendents, p.  9,  sec.  55,  subsec. 
12. 

state    Superintendent    to    be    secre- 
tary and  treasurer,  p.   9,  sec.  55, 
••<•.  <i. 

Secretary  to  disburse  institute  fund, 
p.  "' 

Superintendent  as  Secretary 
of  State  Board  of  Education  to 
make  bond,  p.  10,  sec.  55,  sub- 
eec.  &. 

Secretary  to  keep  record  of  normal 
school  funds,  p.  10,  sec.  55,  sub- 
sec,  a. 

To  apportion  ten  per  cent  of  general 
»tlon  fund,  p.  77,  se< 

To    report    on    condition    of   normal 
>ls,   p.   7,  subsec.  a. 

To  inspect  management  of  State 
Normal  Schools,  p.  7.  subsec.  6. 

To  locate  normal  schools,  p.  85, 
sec.  7. 

To  audit  accounts  of  normal  schools, 

p.    7.    subside,     h. 

To  mako  biennial   reports,  p.  7,  sub- 
sec.  6. 
>dopt  course  and  elect  teachers, 

p.  8,  sec.  !">.">.  subse, 
To    receive  donations   from   trustees 

of    !  Education   Fund   and 

other  source*,    p.    8, 

sec.   4. 
May  .pert.v    from    1r 

of    other    institutions,    p.    8,    sec. 

To  prescribe  how  applications  for 
State  IIi:rh  Srhi.i.l  Fund  shall  be 
made.  p.  7 

To    adop-  study    and    em- 

ploy   teachers    and    other    oi; 
ubtec.  -. 

May      employ      bookkeeper,      p.      84, 
7. 

Ad  .pt  regulation*  f»r  disbursing 
hiirh  school  fund.  p.  70.  s. 

55,  subsee.   1 1 

Shall  prescribe  mode  of  examination 
of  hitrh  school  teachers,  p.  SO. 
se< 

Shall    employ    hisih    school 
and    fix    salary,   p.    SO.    $<• 

Disbursement*  'made  by  treasurer 
upon  order  of  Board,  p.  f>,  sec. 
"..">.  subsec.  11. 


Shall  prescribe  minimum  course  for 
high  schools,  p.  79,  sec.  5. 

Organization,  duties  and  powers, 
pp.  7,  8,  9,  10. 

May  provide  for  practice  and  ob- 
servation schools,  p.  83,  sec.  7. 

City  boards  and  district  directors 
may  contract  with  State  Board 
for  teaching  children  of  school 
age,  p.  83,  see.  7. 

May  require  instructors  of  normal 
schools  to  conduct  teachers'  in- 
stitute, p.  83,  sec.  7. 

To  manage  and  control  normal 
schools,  p.  84,  sec.  7. 

To  establish  Agricultural  and  In- 
dustrial Normal  School  for 
negroes,  p.  85,  sec.  7. 

To  grade  high  schools,  p.  79,  sec.  5. 

Report  to  legislature  through  State 
Superintendent  and  Governor,  p. 
7,  subsec.  a. 

May  grant  diplomas  to  normal 
school  graduates,  p.  9,  sec.  55, 
subsec.  8. 

To  issue  approved  list  of  library 
books,  p.  81,  sec.  6. 

To  prescribe  regulations  for  public 
school  libraries,  p.  82,  sec.  6. 

STATE    SUPERINTENDENT. 
Qualification,  p.  3,  sec.  3. 
Appointment,  p.  3,  sec.  3. 
Term  of  Office,  p.  4,  sec.  4. 
To   make   bond    for   performance   of 

his    duty    as    Secretary    of    State 

Board   of    Education,    p.    10,   sec. 

55,   subsec.   6. 
Member  State   Board   of  Education, 

p.  4,  sec.  4,  subsec.  2. 
Shall   certify   to   Comptroller  salary 

due    County    Superintendents,    p. 

79,  sec.  4. 
Member    of    all     State    educational 

bodies,  p.  4,  sec.  4,  subsec.  3. 
Secretary  and  Treasurer  State  Board 

of    Education,    p.    4,    sec.    4,    sub- 

sec.   4. 
IIo\v  removed  from  office,  p.  4.  sec.  5. 

ion  of  office,  p.  4,  sec.  6. 
T.I    collect    and    disseminate   certifi- 
cates, p.  4,  sec.  7,  subsec.  1. 
To  inspect  the  public  schools,  p.  4, 

sec.   7,  subsec.   2. 

suspend  schools  for  conference, 

p.  4,  sec.  7.  subsec.  3. 
To  have  school  law  executed,  p.   5, 

sec.  7,  subsec.  4. 
Furnish     forms     for     report,     p.     5, 

sec.  7.  subsec.  5. 
To  print  and  supply  school  law,  p. 

c.  7.  snbsec.  0. 
May    appoint    county    examiners    of 

public  school   work,  p.   5,   sec.   7. 

subsec.  7. 

Require  report  of  County  Superin- 
tendent, p.  ii.  sec.  7.  sub* 

int  persons  to  make  report 

for     County     Superintendent     and 

allow   compensation,   p.    ">.   sec.    7. 

-.  ribe    qualification    of    teachers 

and      mode     of     examining      and 

licensing.   P.  0.   sec.   7.  subsec.   10. 

office     documents,     p.     fi. 

1 1 . 

scholastic      population       to 
ptroller.    p.    0.    sec.    7.    suiter. 

•rnor.    p.    6. 

7.    subsec. 

To  furnish  forms  and  instruction  for 
eari-yin-  int..  effect  the  school 
law,  p.  0.  sec.  7.  subsec.  14. 


104 


INDEX. 


To  keep  record  of  normal  school 
funds,  p.  10,  sec.  55,  subsec.  b. 

To  certify  vouchers  to  Comptroller, 
p.  10,  sec.  55,  subsec.  b. 

Suits  for  penalties  shall  be  in  his 
name,  p.  24,  sec.  25. 

May  appoint  attorney  to  look  after 
collection  of  misused  money,  p. 
32,  sec.  45,  subsec.  9. 

To  announce  text-books  to  County 
Superintendents,  p.  54,  sec.  10. 

Duty  in  grading  schools,  p.  26,  sec. 
32. 

Duty  in  issuing  certificates  and  di- 
plomas to  pupils,  p.  27,  sec.  32. 

Penalties  and  forfeitures,  pp.  23,  24. 

SUPREME    COURT. 

Decisions  in  school  cases,  pp.  93, 
94,  95. 

TAXES. 

Poll  and  school,  pp.  28,  29. 

How  collected  and  distributed,  p. 
29,  sec.  40. 

Educational  institutions  exempt,  p. 
65,  sec.  1. 

County  to  levy  additional,  p.  29, 
sec.  39. 

Distribution  to  counties  levying  cer- 
tain tax,  p.  73,  sec.  3. 

People  may  vote,  p.  29,  sec.  4. 

TAXING     DISTRICTS. 

Of  the  second  class,  p.  35,  sec.  54. 

TEACHERS. 

Must  have  certificate  of  qualification, 

p.  21,  sec.  26. 
Must  have  written  contract,   p.   21, 

sec.  28. 
Must  have  knowledge  of   effects   of 

narcotics    and     alcoholic    drinks, 

p.  26,  sec.  32,  subsec.  5. 
Shall  report  absences,  p.  73,  sec.  4. 
Must  give  written  notice  to  parent, 

p.  74,  sec.  5. 

To  keep  register,  p.  21,  sec.  27. 
Must  deliver  register  to  secretary  of 

advisory  board,  p.  21,  sec.  27. 
May  suspend  pupils,  p.  21,  sec.  29. 
Shall  not  be  agent,  p.  23,  sec.  23. 
Examinations  provided,  p.  6,  sec.  7, 

subsec.  10. 
Diplomas       from        State       Normal 

Schools,  p.  9,  sec.  55,  subsec.  8. 
Employment    by    County    Board    of 

Education,  p.  59,  sec.  2. 
Payment  of   salary,   p.    59,   sec.   10, 

subsec.  5. 
To    make   reports   to   County   Board 

of  Education,  p.  59,  sec.  10,  sub- 
sec.  2. 

TEXT-BOOK     BOND. 

Recoveries  on,  p.  48,  sec.  3. 

TEXT-BOOK    COMMISSION. 
Created,  p.  42,  sec.  1. 
Members,     how    appointed,     p.     42, 

sec.  1. 

Term  of  office,  p.  42,  sec.  1. 
Compensation,  p.  55,  sec.  17. 
To    appoint    sub-commission,    p.    43, 

sec.   1. 

Organization,  p.  45,  sec.  2. 
To   consider  bids   for   text-books,    p. 

51,    sec.   6. 

Procedure  of,  p.  46,  sec.  3. 
Requirement  of  bidders,  p.  46,  sec.  2. 
Consideration  of  bids,  p.  46,  sec.  3. 
May    consider    manuscripts,    p.    51, 

sec.  6. 


To     adopt     uniform     books,     p.     42, 

sec.   1. 
Certain    branches    of   study,    p.    42, 

sec.   1. 

To  advertise  for  bids,  p.  45,  sec.  2. 
To     require     cash     deposit,     p.     51, 

sec.  6. 
May   reject  bids  and  readvertise,  p. 

50,  sec.  6. 
Contract     with     publishers,     p.     47, 

sec.  3. 
To   prevent   charging   excess,   p.   50, 

sec.  5. 

TEXT-BOOK  •  SUB-COMMISSION. 
How  selected,  p.  43,  sec.   1. 
Must  take  oath,  p.  44,  sec.  1. 
Duties  of,  p.  43,  sec.  1. 
Compensation    of    members,    p.    55, 
sec.  17.  . 

TEXT-BOOKS. 

To  be  sold  at  contract  price,  p.  5'3, 

sec.  8. 

Contract  for  five  years,  p.  54,  sec.  9. 
Adopted  books  to  be  used  exclusively, 


p.  54,  sec.  11. 
Wnt 


hen  other  books  may  be  used,  p. 
55,  sec.  12. 

Governor  to  issue  proclamation 
when  adoptions  are  made,  p.  52, 
sec.  7. 

State  Superintendent  to  notify 
County  Superintendent  of  adop- 
tion, p.  54,  sec.  10. 

Attorney  General  to  prepare  con- 
tract, p.  47,  sec.  3. 

Prices  not  to  exceed  those  charged 
elsewhere,  p.  49,  sec.  4. 

As   to   higher   branches,   p.    54,    sec. 

State  not  liable  to  contractor,  p.  50, 

sec.  5. 
To   have  price   printed   on  them,   p. 

49,  sec.  4. 
Must    come    up    to    sample,    p.    48, 

sec.    4. 
To  be  exchanged,  p.  50,  sec.  5. 

TREE  PLANTING. 

Arbor  Day  appointed  by  County  Su- 
perintendent, p.  15,  sec.  11,  sub- 
sec.  2. 

Public  exercises,  p.  15,  sec.  11,  sub- 
sec.  2. 

TRUSTEES    OF    ACADEMIES. 

May  transfer  property  to  county 
boards  of  education  or  county 
high  school  boards,  pp.  63,  64. 

Trust  ceases  and  board  dissolves,  p. 
64,  sec.  3. 

UNIVERSITY  OP  TENNESSEE. 
Appropriation,  p.  86,  sec.  8. 
Traveling  expenses  of  students,  p. 

86,  sec.   7. 

Report  to   State   Superintendent,    p. 

87,  sec.  9. 

Courses  free,  p.  87,  sec.  8. 
Industrial  department,  p.  87,  sec.  8. 
Experiment  station,  p.  86.  sec.  8. 
Scholarships,  p.  87,  sec.  8. 

WARRANTS. 

Drawn     by     Secretary     of     County 

Board,  p.  17,  sec.  8,  subsec.  1. 
To  be  written  in  ink,  p.  13,  sec.  9, 

subsec.  9. 
To   be   countersigned,   p.   13,   sec.  9, 

subsec.   9. 
Trustee's   duty   and  liability,   p.   13, 

sec.  9,  subsec.  9a. 


